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Charter  and  Ordinances 


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City  of  Stockton 


Compiled  and    Published   by 
Authority  of  the  City  Council 


MAY,    1908 


STOCKTON,  CAL. 

Stockton  Mail,  Printers  and  Bookbinders 


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ORDER  OF 
ARRANGEMENT 


INDEX  TO  CHARTER. 

INDEX  TO  ORDINANCES. 

CITY  CHARTER. 

CITY  ORDINANCES. 

ORGANIZATION    AND    OFFICERS. 

ACCEPTED   STREETS. 

LICENSES    AND    REVENUE, 

BOND   ISSUES. 

MISCELLANEOUS. 

CONVEYANCES  AND  CONTRACTS. 

FRANCHISES. 

FREE   PUBLIC   LIBRARY. 

PENAL. 

SPECIAL  STATUTES   RELATIVE  TO    * 

STOCKTON.  £?5* 

CATALOGUE  OF  ORDINANCES. 


Index  to  Ciiartp:r. 


APPROPRIATIONS.  Sec.        Par. 

Charitable  associations,  to 30  43 

Holidaj's,  for  celebrating 30  48 

Ordinances,  must  be  by 22 

Public  disaster  or  distress,  in  case  of "-.  22 

Rewards   not   exceeding  $500 30  40 

Urgent   necessity   fund 30  4i 

ANIMALS  AT  LARGE. 

Impounding  and  destruction  of 30  10 

ASSESSMENT  OF  TAXES. 

Equalization  of 56 

.    Leviable  by  ordinance  only 22,  58 

List  of  property  for 39,  55 

Notice  of  change  necessary^ 39,  56 

Roll,  evidence  of  what 80 

Time  for 39 

ASSESSOR,  CITY. 

Duties  of,  equalization  of  taxes 39,55,  56 

Duties  of,  generally 39 

Fees  of -. 55 

Powers  like  County  Assessor's 39,  55 

Salary  of 1 39,  50 

Street  assessments,   shall   make 55 

Time  for  assessment  list 55 

ATTORNEY,  CITY. 

Appointment  and  term 52 

Board  of  Education,  attorney  of 99 

Bond  of,  how  approved 51 

Contracts,  musu  pass  upon 29 

Duties  of,  generally 52 

Official  bonds,  must  approve 51 

Qualifications  fcr 52 

Salary  of 50 

Attorney,  prosecuiing. 

Appointment  and  duties  of 53 

Salary  of 50 

AUDITOR,  CITY. 

Can  take  affidavits  and  administer  oaths 42 

Duties  of,  assessment  and  taxes 57  to  64 

Duties  of,  generally 42 

Election  of,  term  of  office,  and  salary 41 

Shall  approve  or  reject  claiius 42 

Shall  count  cash  in  city  treasury 42 

BONI>a. 

City,  taxation  to  pay 54 

Official,  general   provision.-- 51 


iv  INDEX  TO  CHARTER. 

BUILDINGS.  Sec.  Par. 

Contracts  for  lighting  public 27 

Courts  and  officers,   for 30  17 

Engine  bouses,  etc.,  control  of 137  _. 

Entrances,  etc.,  Council  may  regulate 30  22 

Scbool  houses,  etc.,  custody  of 83  7 

Supplies  and  furniture  for 30  17 

Title  to  public 2 

Wharves  on,  conditionally  prohibited. 163 

Within  fire  districts 30  10 

BOUNDARIES,  RIGHTS  AND  LIABILITIES. 

Common  benefit,  may  purchase,  etc.,  for  the 1 

Common  seal,  may  havo  and  use  a 1 

Courts,  may  sue  and  defend  in  all 1  i- 

Bnforcement  of  any  rights,  etc 4 

Obligations,  debts,  etc..  subject  to  all  the 3 

Public  uses,  may  determine  and  declare  what  are 1  __ 

Recovery  of  any  property,  etc 4  __ 

Rights  of  public  property,  etc.,  vested  in 2 

Wards,  divided  into  four -__  5 

BUSINESS  REGULABLE  BY  COUNCIL. 

Advertising   on   streets 30  3 

Building  in  fire  districts 30  10 

Crossings  of  streets,  etc 30  H 

Entrances  and  exits  of  public  places ." 30  22 

Explosives  and  combustibles,  sale  and  storage  of 30  14 

Fees  of  city  officers 30  33 

Gas  and  electric  lighting 30  3 

Hacks — stands  and  charges.... 30  21 

Hospitals,  dispensaries,  markets,  etc ...  30  6 

Houses,  numbeiing  of 30  3 

Indecent  or  dangerous  occupations 30  13 

Official  conduct  not  otherwise  defined 30  S3 

Parades  and  processions 30  4^ 

Pawnbroking,    iunk-dealing,    etc 30  2i 

Railroading   30  27 

See  comprehensive  general  provision 30  47 

Steam,  gasoline,  electric  and  other  engines 30  20 

Streets,  improvement  of  generally 30  5 

Streets,  naming   and   using 30  3 

Telegraph  and  telephwne  wires 30  3,20 

Traffic  on  streets,  general ly 30  2 

Vessels,  moving  and  anchoring 30  9 

Watering  of  streets,  etc 30  5 

W^ater  works  and  water  rates 30  25 

CERTIFIED  COPIES. 

Of  records,  fee  for 208 


INDEX  TO  CHARTER.  v 


CHANNELS.  Sec.        Par. 

Damage  to,  Council  may  prevent 30         9,19 

Department  of  Streets  and  Wharves,  within  control  of_  147 

Dredging  of,  fund  for 161 

CITY  CHARTER. 

Provisions  of,  mandatory  ond  prohibitory 225 

CLAIMS. 

Department  Streets  and  Wharves  for  daily  labor,  etc.-  151 

Police  and  Fire  Department 140 

School    fund,    against 95,     96  --j 

Verified,  all  must  be 42 

CLERK,  CITY. 

Contracts,  must  countersign  and  register 29 

Custodian  of  records,  etc 38 

Duties  of,  generally 38       .      __ 

Election  of 38 

Elections,  powers  like  County  Clerk's 7 

License   Collector   38 

Salary  of 38,  50 

CLERK,  MAYOR'S. 

Appointment  of 37 

CLERK,  MUNICIPAL  COURT. 

Salary  of 50 

CONTRACTS. 

Bidding  upon,  notice  required,  when 201 

Building,   School  Department 87 

City  Clerk  must  countersign 29 

Department  of  Streets  and  Wharves,  in 148 

Election  of  teachers,  not 83 

Execution  in  name  of  city 29 

Form  of.  City  Attorney  passes  on 29 

Lighting,  limited  price  for 27 

Labor,  for  in  Street  Department 151 

Lowest  bidder,  what  go  to 201 

Officers,  must  noc  have  interest  in 205 

Performance,  Mayor  shall  enforce 34 

Police  and  Fire  Department,  in 141 

Registration  and  num.bering  of 29 

School  officers,  being  interested,  void 93 

School  supplies   for   92 

Water  supplying,  limitation  of 28 

Work  for  Police  and  Fire  Department 141 

Writing,  must  be  in 29 


vi  INDEX  TO  CHARTER. 


COUNCIL.  CITY.  Sec.        Par. 

Action  by  ordinance  or  resolution 22 

Additional  official  bonds,  may  require 51 

Attorneys,  appointment  of 52,  53             _^ 

Board  of  Equalization,  constitutes 56 

Bonded  debt,  must  provide  to  pay 54 

Building  of  sewers,  to  regulate. 30              4 

City  Clerk,  may  prescribe  duties  of _  38 

Composition  of 11,  12 

Contracts  for  light  and  water,  limitation  of 27,  28 

Contracts  to  be  let  by __  148 

Department  of  Streets  and  Wharves,  under  control  of.  146 

Equalization  of  taxes 55,  56 

E'xpulsion  and  punishment  of  members ; 15 

Five  affirmative  votes  needed  to  pass  measure 13 

Journal  of  proceedings 38 

Matters  within  its  control 147 

Mayor,  prescribing  additional  duties  of 37 

Meetings,  regular  and  special 13 

Oaths,  may  administer 16 

Officers,  may  regulate 30             33 

Ordinances,  how  amended 17 

Ordinances,  power  to  pass  what 30 

(See  headmg  "Ordinances,"  in  this  index.) 

Organization  of 13,  14 

Police  force,  may  increase 142              2 

Powers  of,  generally  and  specifically 30 

Publication  of  ordinances  in  book  fonn 25 

Quorum,  five  members  constitute . 13 

Reconsideration  of  bill,  lies  over 19 

Rules  of  order,  may  establish 15 

Salaries,  generally 50 

Salaries,  Police  and  Fire  Department.  _ . 135 

School  tax,  must  levy 83            11 

Special  meetings  of,  call  for 13 

Supplies  for  use  of  officers 30            17 

Taking  for  public  uses 210 

Taxes,  power  as  to 54 

Tax  levy,  must  make  in  May 58 

Treasurer,  may  regulate 40 

Vacancies  in  office,  may  fill 218 

Wards,  duty  of  redistricting 24 

Witnesses,  may  compel  attendance  of 15 

COUNCILMAN. 

At  large 12 

Contracts,  etc.,  may  not  have  interest  in 205 

Election  of 6 

Malfeasance  of 15 

Mayor,  when  ineligible  to  be 36 

Salary  of  50 

Term  of  office 12 

Ward,  from  each 12 


INDEX  TO  CHARTER.  vii 


EDUCATION.  BOARD  OF.  Sec.        Par. 

Books  for  indigent,  may  furnish 83             18 

Children  under  six.  may  prohibit  attendance 83            13 

Claims  on  school  fund,  audit 83            14 

Constitution  of 81 

Election  of 6.  81 

Employes,  teachers,  marshals,  etc 83  ^           3 

Grading,  course  of  study,  text-book 83              5 

Meetings,  special 212 

Meetings,  time  of  82 

Non-residents,  may  admit  to  schools 83            15 

Organization  of   82 

Powers  and  duties  of,  generally 83             __ 

Power  to  improve  school  lots 83              9 

Publications  certain,  may  exclude 83            1. 

Report  to  City  Council 83            11 

Rules  and  regulations  for  schools 83               4 

School  funds,  rules  for  disbursing 83             12 

School  property,  generally 83         7,    S 

School  property,  may  sell   83            lb 

School  property,  may  sue  for 83             10 

Special  counsel,  may  employ 99 

Superintendent  of  Schools,  shall  elect 89 

Supplies  and  incidentals  for  schools 83               6 

Vacancies  in,  how  filled 82 

VisiTi  schools,,  members  shall 85 

ELECTIONS,  CITY. 

Certificates  must  be  authenticated 10 

Great  register,  copies-,  to  be  used —  9 

Regulated  by  Political  Code 7 

Time  for  iiolding 6 

Who  may  vote  thereat 9 

EMPLOYES. 

Additional,  now  authorized 211 

Comi>etent,  not  to  be  removed 222 

Fire  Department,  in — 142 

Guilty  of  any  offense,  how  punished 143 

School  Department 83               3 

Street  and  Wharf  Department 151,  156 

EQUALIZATION  OF  TAXES. 

Board  of,  constitution  a-nd  sessions 56 

General  provisions  as  to 56,  57 

Time  and  notice  of  meeting  of  board 56 

EXPENDITURES. 

Exceeding  $5,000  22 

Extraordinary,  by  Board  of  Education 102 

Statement  annually,   by   Auditor 47 

Statement  monthly,  by  Treasurer 40 

Statement  monthly.  Police  and  Fire  Commissioners.  _  139 


3 


viii  INDEX  TO  CHARTER. 


EXPLOSIVES  AND  COMBUSTIBLES.  Sec.        Par. 

Storage,  etc.,  may  be  regulated ^^  30    ■        14 

FEES. 

Assessor's    55 

Certified  copies  of  records,  for 208 

Officers',  Council  ma3'  fix 30             33 

Payable  monthly  into  treasury. 48 

Tax  Collector's 77 

FIRE  DEPARTMENT. 

Chief  Engineer  of 142 

Fire  alarm 30            23 

Fires,  Council  may  provide  against 30             10 

Members,  numbers,  appointment 142 

Salaries  of  members,  how  fixed 135 

Salary  of  Chief  of . 50 

FIRE  DISTRICTS. 

Buildings  within  30             10 

Council  may  establish 30             lO 

FISCAL  YEAR. 

Time  of  beginning 58 

FRANCHISES. 

Certain  powers  thereby  delegated. _. 30            31 

Invalidity  and  forfeiture  of . 202 

Officers,  interest  in  prohibited 205 

Ordinances  granting,  thirty  days 19 

Private  rights,  without  prejudice  to 30             2S 

Steam  railroad,  special  requisites ■ 30             28 

Street  railroad,  bidding  for 30            34 

Street  railroad,  special  requisites 30             34 

Unused,  forfeited  by  Charter 221 

FUNDS. 

Dredging  channels,  for 161 

Firemen's  Relief  Fund 30             52 

Free  Public  Library,  for 54 

General,  constituted 54             !_ 

Permanent  improvement  water-front 164 

School,  claims  against 95 

School,  how  derived ..  94 

School,  limitation  of  uses 83             19 

School,  rules  for  disbursing 83             12 

Schools,   for   54,  94 

Treasurer  must  keep  custody  of 40 

Urgent  necessity,  provided  for 30            41 

GAS. 

Appliances  for  distributing 30             26 

HARBOR  DUES. 

Collection  of 162 

Council   may   regulate. 30               8 


INDEX  TO  CHARTER.  ix 

HARBORMASTER.  Sec.        Par. 

Salary  of  50 

HEALTH  AND  SAFETY. 

Board  of,  Council  may  provide 30             49- 

,  EtLtrances,  etc.,  of  public  places 30             22' 

Hospital,  Council  may  establish 30             36 

Powers  of  Council  as  to,  generally 30       15,47 

HOSPITAL.  DISPENSARIES,  ETC. 

City,  Council  may  establish 30             36^ 

Council   may   regulate 30               6. 

INDEBTEDNESS. 

Taxation  to  pay 54 

LANDS. 

Title  of  city  to 2 

LICENSES. 

City  Clerk,  collector  of 38 

Council  may  fix  and  regulate 30            Zo^ 

MARKETS. 

Council   maj'  regulate 30              6- 

MAYOR. 

Bond  of,  how  approved 51 

Clerk  may  appoint 37 

Contracts,  shall  enforce  performance 34 


Counting  cash  in  Treasurx^ 3 


'» 


Duties  of,  generally 32 

Duties  may  be  enlarged... 37 

Election  of   6 

Funds  and  property,  shall  guard 32 

Laws  and  ordinances,  shall  enforce 32 

Messages  to  Council 32 

Official  bonds,  must  approve 51 

Ofllcers'  conduct,  shall  super\ise 32 

President  of  Council  may  be  pro  tem 36 

Riots,  shall  suppress 32 

Salary  of  50 

Term  of  office 31 

.     Unexpired  term,  Vice  President  of  the  Council  may  fill-  36 

Veto  and  pocketing  ordinances 20,  21 

MISDEMEANOR. 

Penalties,    fines    and    forfeiture 30  32 

School  oflicerR,  as  to  supplies 93 

Water  regulations,  violations  of 30  25 

MORALS  AND  ORDER,  GOOD. 

Things  contrary,  Council  may  suppress 30  13- 

MORGUE. 

Council  may  provide  for 30  12^^ 


INDEX  TO  CHARTER. 


NOTICES.  Sec.  Far. 

Posting  of,  :?enera]]y 213 

Special  meetings 212 

NUISANCES. 

Cesspools  and  vaults 30  18 

Offensive   occupations,   etc 30  15 

Parades    on    streets 30  45 

Powers  of  Council  as  to 30  11 

OATHS. 

Educational  officers  may  administer 86 

May  be  admmistered  b>  city  officers 16 

Official,    fomi    of 49 

OFFICERS,  CITY. 

Absence  over  thirty  days 218 

Accepting  gifts  from  subordinates 207 

Assessor,  City,  generally 39 

Attorney,  City,  generally  52 

Attorney,  Prosecuting,  generally  53 

Board  of  Education,  generally ■_ 81  to  102 

Board  of  Police  and  Fire  Commissioners 131  to  145 

Bribery  of  or  by 206 

Certificates  of  election 10 

Chief  Engineer  Fire  Department 142  dl 

Chief  of  Police 142 

Clerk,  generally 38 

Clerk,  Mayor's  37 

Contracts,  may  not  be  interested  in 205 

Deputies  - 220  t__ 

Duties  and  compensation 217 

Duties  of.  Council  may  define 30  33 

Elective,  which  and  when .__       6 

Eligibility  of,  generally 216 

Engineer,  City,  election  of 154 

Harbormaster    158,  159 

Increase  in  number  prohibited 211 

Mayor    ___ 31  to     37 

Mayor  and  City  Council 11  to     16 

Mayor,  shall   supervise 34 

Oaths,  may  administer 16 

Records  of,  open  to  public 208 

Removal  of,  by.  whom 219 

Salaries  of 50 

Secretary  Police  and  Fire  Commissioners 134 

Superintendent  of  Schools 89,     90 

Superintendent  of  Streets 154 1^ 

Supplies  and  furniture  for 30  17 

Sureties  on  official  bonds,  may  not  be _-     51 

Suspension  of 34 

Trustees   Free  Library 103 

Unexpired  terms  of 218 

Vice-President  of  Council 14 

Violation  contracts,  must  report 34 


INDEX  TO  CHARTER.  xf 


ORDINANCES.  Sec.        Par. 

Action  which  must  be  by,  generally 22,  30 

Amendment  of 17 

Amendment  of,  after  passage  to  print 22 

Approval   by  Mavor 20 

Certified  to  by  the  Clerk 20 

Constituent  essentials  of 22 

Enacting  clause  of 26 

Franchises,  pend  thirty  days  after  introduction 19 

Franchises,  six  votes  necessary  to  pass  certain 30            2& 

Passage  and  approval  of 20,  21 

Publication  of,  quinquennial 25 

Publication  on  passage  to  print 22 

Pocketing  of,  by  Mayor 20 

Reconsideration  of  on  final  passage 19 

Sales  of  property,  must  be  by 201 

Take  effect  when ._. 23 

Taxes,  to  be  levied  by 58 

Title  and  contents,  requisites  of 18 

Vetoed  by  Mayor,  how  passed 21 

Void  as  to  matters  not  within  title 18 

Votes,  number  required  to  pass . 13,  21 

Matters  Within   Express  Powers  of  City  Council  Wherein 
Action  Must  Be  by  Ordinance. 

Acceptance  of  streets 30              1 

Advertising  and  noises  on  streets 30              3 

Aisles  of  public  places,  obstruction  of 30            22 

Animals  at  large  on  streers 30            16 

Awnings   over  streets 30              3 

Bridges,   construction  and   repair 30              7 

Buildings,  acquisition  of  land  for 30             37 

Buildings,  combustible  in  fire  districts 30            10 

Buildings,  entrances  of  certain '30       20,22 

Buildings  for  officers 30             17 

Buildings  on  wharves,  removal  of 163 

Buildings,  restriction  of  height  of 30            10 

Business  endangering  health,  safety,  etc._^ 30            15 

Channels,  pollution  and  obstruction  of 30            19 

Charitable  associations,  appropriation  to 30            43 

Cleansing,  etc.,  of  vaults,  etc 30             18 

Combustibles,  sale,  storage,  use,  transportation 30            14 

Crossing  streets,  etc.,  regulation  of 30              3 

Disposition  of  public  pi'operty,  generally 22 

Duty,  imposition  of  any  new 22 

Entrances  to  cellars  from  sidewalks 30            20 

Entrances  to  theaters,  churches,  etc 30            22 

Exhibitions,  immoral,  disorderly,  dangerous 30            13 

Expenditure  of  $5,000  and  upwards 22 

Explosives,  sale,  storage,  use,  transportation. 30            14 

Fees  of  officers,  fixing  and  regulation 30            33 

Ferries,  construction  and  repair  of 30               7 

Fines  and  forfeitures,  determination  of 30            32 

Fire  alarms,  maintenance,  etc 30            23 

Fire  districts,  establishment  of 30            10 

Fires,  prevention  and  extinguishment 30            10 


xii  INDEX  TO  CHARTER. 


Matters  Within  Express  Powers   (Coritinued).  Sec.  Par. 

Flagmen  for  railroad  crossings 30  27 

Franchises  for  steam  railroads 30  28 

Franchises  for  street  railroads 30  34 

Grade  of  streets  and  sidewalks 30  i 

Hackmen's  charges,  etc 30  21 

Hack  stands,  regulation  of 30  21 

Health,  establishment  Board  of 30  49 

Homes  for  confirmed  inebriates 30  42 

Horse-troughs  on  streets 30  3 

Hospital,  establishment  and  maintenance 30  36 

Houses  of  ill-fame,  suppression  of 30  13 

Human  remains,  removal  of 30  50 

Impounding  of  animals 30  16 

Industrial  schools,  etc.,  establishment 30  42 

Intelligence  offices,  regulation  of 30  24 

Junk-dealing    30  ■     24 

Land  for  public  buildings 30  37 

Legal  holida^ys,  appropriation  for  celebrating 30  48 

Levy  of  taxes,  general  and  for  schools 58 

Licenses,  municipal   30  35 

Lights,  gas  and  electric,  on  streets 30  3,    5 

Markets _* 30  6 

Morgues,  provision  and  maintenance 30  12 

Naming  of  streets,  etc 30  3 

JVuisance,  abatement  of   30  11 

Nuisance,  declaration  of  what  is 30  11 

Nuisances,  regulation  of  certain 30  15 

Noises  on  streets 30  3 

Numbering  of  houses  on  streets,  etc . 30  3 

Obstruction  of  and  encroachment  on  streets _-.  30  2 

Obstruction  of  navigation ^ 30  9 

Occupations,  immoral,  disorderly,  dangerous 30  13 

Official  conduct  and  duty,  regulation  of 30  33 

Opening  or  closing  of  streets 30  1 

Parades  and  processions,  regulation  of 30  45 

Parks,  improvement  and  maintenance 30  37 

Paving  of  streets 30  5 

Pawnbroking,  regulation  of 30  24 

Penalties  for  violation  of  ordinances  or  Charter 30  32 

Penalties  for  violation  of  water  regulations 30  25 

Penalty,  imposition  of  any 22 

Places  of  immoral,  disorderly  or  dangerous  amusement  30  13 

Police  telegraph 30  23 

Pound,,  establishment  of 30  16 

Printing,  provision  for  public 30  17 

Privilege,  the  granting  of  any 22 

Property,  lost  or  stolen,  in  hands  of  police 30  44 

Public  cries  on  streets,  etc 30  3 

Public  parks,  acquisition  of  land  for 30  37 

Public  uses,  acquisition  of  land  for __._  30  37 

Public  utilities  and  properties,  acquisition  of 30  51 

Railroad  companies,  street  repairs  by 30  31 

Railroads,  franchises  for  anpurtenanceis . 30  30 

Railroads,  steam,  franchises  for 30  28 

.    Railroads,  street,   franchises   for 30  34 


INDEiX  TO  CHARTER.  xiii 

Matters  Within  Express  Powers  (Continued).                              Sec.  Par. 

Regulations  in  general,  local,  police,  sanitary 30  17 

Rewards  for  arrest  and  conviction  of  felons 30  40 

Rules  and  regulations,  lo  make  all 30  46 

Sewers,  building  and  repairing 30  3,    4 

Sewers,  establishment  of  system  of 30  4 

Signs,  etc.,  on  streets 30  3 

Signs,  the  hanging  of - 30  20 

Slaughter-houses    30  15 

Specific  improvement,  provision  for  any 22 

Steam  boilers,  the  use  of 30  20 

Steam  whistles  and  bells 30  3 

Street  crossings,   warning   by   railroads 30  27 

Street  repairs  by  railroad  companies 30  31 

Supplies  and  furniture  for  offices 30  IT 

Supplies,  annual  requisition  for 30  17 

Tanneries    30  15 

Taxes  and  assessments,  levying 22 

Telegraph  and  telephone  poles  on  streets 30  20 

Telegraph  and  telephone  wires  on  streets 30  3 

Traffic  on  streets  and  highways 30  2 

Trusts,  provision  for  execution  of  municipal 30  39 

Urgent  and  necessity  fund 30  41 

Use  of  streets,  etc.,  for  certain  purposes 30  3 

Vaults,  cesspools,  wells,  etc ' 30  18 

Vessels,  moving  and  anchoring  of 30  9 

Water  for  corporate  and  private  use 30  38 

Water  rates 30  25 

Waters,  pollution  and  obstruction  of 30  19 

Watering  of  streets,  etc 30  5 

W^harves,   etc.,   construction   and   repairs 30  7 

Wharfage,  dockage,  etc.,  rates  of 30  8 

Widening  of  streets 30  1 

PENALTIES. 

Imposed  by  ordinance  only 22 

Violation  of  ordinances,  for 30       32,  47 

POLICE,   CHIEF   OF. 

Appointment  of  135 

Office  created  142 

Salary  of  50 

POLICE  DEPARTMENT. 

Composition  and  numbers 142  __" 

Members  of,  how  appointed 135  1. 

Powers  legislative  of  Council 30  47 

Regulated  by  whom 136 

Removals  except  for  cause  prohibited 135 

Riot  in  case  of,  Mayor  may  command 32 

Salaries  of  members ,  135 

Special   policemen,   appointment 136  4 


xiv  INDEX  TO  CHARTER. 


POLICE  AND  FIRE  COMMISSIONERS,  BOARD  OF.  sec.          Par. 

Action,  advisoiry  of  Council 141             __, 

Appointment  and  term  of 131 

Custody  and  control  of  fire  apparatus 137 

Meetings  of 133 

Members  of  Police  and  Fire  Department,  shall  appoint.  135 

Monthly  report  to  Council 139 

Organization  of  132 

Powers    of,    generally 136 

Report  annual  to  Council 138 

Secretary  of  134 

Special  policemen,  appointment 136              4 

Urgent  necessity  as  to  repairs,  etc 141 

POUND. 

Council  may  establish,  etc 30            16 

PROPERTY,  CITY. 

Disposal  by  ordinance  only 22 

Personal   school,   how   sold 83            16 

Sales  of 201 

School,  held  by  Board  of  Education S3 

Title  to .-  2 

What  may  become  such 1 

PUBLICATION. 

Delinquent  tax  list 65,  66 

Franchises    30       28,34 

Generally  214 

Notice,  meeting  of  Board  of  Equalization 56 

Notice  to  bidders   (School  Department) 87 

Ordinances,  passage  to  print 22 

Printing,  Council  provides  for 30             17 

School  supplies,  proposals  for 92 

RAILROADS. 

Franchises  for  __ 30       28,34 

Regulation  of  operation 30       27,30 

Repair  of  streets,  by 30            31 

Safety  switches  and  signals 203 

Steam,  franchises  and  private  owners 30             28 

Steam,  not  to  obstruct  streets 30            27 

Street,  limits,  etc.,  of  francises 30            34 

Street,  per  cent  receipts  to  cit\ 30            34 

RECORDS. 

Certificate  tax  sales,  to  be  recorded 72 

Certified  copies  of,  fee  for 208 

City  Clerk's  register  of  contracts ._  29 

Clerk,  city,  all  in  custody  of 38 

Clerk's  journal    of    Council 38    . 

Clerk's  record,  ordinances,  etc 38 

Treasurer's,  of  receipts  and  expenditures 40 


INDEX  TO  CHARTER.  xv 

REPORTS.  Sec.        Par. 

Board  cf  Education  to  City  Council 83  11 

Boards  of  officers  all,  annual 46 

Board  of  Police  and  Fire  Commissioners,  annual 138 

Board  of  Police  and  Fire  Commissioners,  monthly 139 

Harbormaster's  monthly 158 

Superintendent  of  Schools  to  Board  of  Education 91 

Treasurer's  monthly,  to  Council 40 

SALARIES. 

Affidavit  required  of  certain  officers 48 

Generally  50 

Policemen  and  firemen 135 

Unauthorized 211 

SEWERS. 

Council,  powers  as  to 30         4,18 

Department  of  Streets  and  Wharves,  controlled  by 147 

Superintendent  of  Streets,  authority 155 

SCHOOLS. 

Books  for  indigent 83  18 

Children  under  six  may  be  excluded 83  13 

Emergency    tax    for 83  11 

Exclusion  of  certain  publications 83  17 

Fund  for 95 

Grading,  course  of  studj^  etc 83  5 

Non-resident  pupils,  admission  of 83  15 

Rules  and  regulations  for 83  4 

Supplies  and   incidentals 83  6 

Taxation  for  support  of 54,  83  li 

Text-books  in 83  5 

SCHOOLS,  SUPERINTENDENT  OF. 

Adviser  of  teachers,  pupils  and  parents 90  7 

Annual   supplies,   estimate  for 91 

Board  of  Education,  attendance  upon 90  C» 

Duties  of,   generally 89,  90 

Election  ot 89 

Oaths,  may  administer  certain 86 

Recommendations  as  to  teachers 90  5 

Report,  aunual  90  1 

Suspension  of  teachers  by 90  4 

Visitation  of  schools  by 90 

SCHOOL  TEACHERS. 

Suspension  by  Superintendent 90 

SPECIAL  MEETINGS. 

Board  of  Education 82 

Board  of  Police  and  Fire  Commissioners 133 

City  Council 13 

Notice  of,  generally 212 


o 


xvi  INDEX  TO  CHARTER. 


STOCKTON.  CITY  OF.  Sec.        Par. 

Continuity  with  font  er  corporation 3 

Corporate  powers  of,  generally 1  to      4 

Elections  in.  general 6  to  10 

Legislative  power,  where  vested 11 

Suits  in  corporate  name 4 

Trustsof 30  39 

Wards,  divided  into  four 5 

STREETS  AND  SIDEWALKS. 

Awnings,  etc.,  on 30  3 

Banners,  placards,  etc.,  on 30  "? 

Entrance  to  cellars,  etc 30            20 

Lighting  of 30  '1 

Noisy  cries,   etc 30  3 

Numbering  houses  on 30  3 

Obstruction  of 30  3 

Powers  of  Council,  a?  to 30         1,    5 

Signs,   sign-posts,  etc 30  I» 

Telegraph  and  telephone  poles 30  3 

Use  of.   generally 30  3 

Watering  of    . 30  5 

Within  Department  of  Streets  and  Wharves 147 

STREETS.  SUPERINTENDENT  OF. 

Deputy    156 

Duties   of,   generally... 3  54i/^,  155 

Election   of   _- "___  6 

Employes,  control  of 156 

Executive,  Department  of  Streets  and  Wharves 150 

Harbormaster  ex-ofRcio,   shall   be 158 

Supplies  for  streets  and  wharves 150 

Time-book  of  employes 156 

STREETS  AND  WHARVES,  DFPARTMENT  OF. 

Daily  lalK)r  in,  pa^^able  weekly 151 

Employes,  who  fixes  number  of 156 

Matters  within  its  control,  generpily 147 

Sewer  system,  controlled  by 147 

Supplies  for,  how  obtained 150 

SUPPLIES.  ' 

Officers  and  buildings,  for 30  17 

School -.92,     83  6 

Streets  and  wharves,  for 150 

SURVEYOR.  CITY. 

Duties  of,  generally 154 

Election  of 6 

Salary  of 50 


INDEX  TO  CHARTER.  xvii 


TAXES.  Sec.        Par. 

Assessment  Qf,  srenerally 39,  55 

Delinquent,  collection  of 65,  70 

Delinquent,   when    _ 61 

Equalization  of   __ '- 55,  56 

General  provision  as  to 54 

Levy  for  g-eneral   fund    54 

Levy  for  library  fund 54  3 

Levy  for  school  fund 54  3 

Lien  of,  when  attaches 55,  58 

Lien,  unsecured  by,  how  collected 39 

Ordinance,  imposed  by 22  ^ 

Proceedings  on  sale  for  delinquent TO,  80 

Redemption  after  sale  for 75 

School  purposes,  for -.54,  58 

Time  and  mode  of  le vyine; 58 

TELEPHONE  AND  TELEGRAPH. 

Council   may  regulate 30  20 

Fire  alarm  and  police 30  23 

Wires  on  public  streets 30  3 


TREASURER  AND  TAX  COLLECTOR. 

Accounts,  receipts  and  expenditures 40 

City  Assessor  shall  be  ex-oflficio 39 

Custody  of  moneys,  must  retain 40 

Duties  as  Tax  Collector,  generally 40,60,  73 

Duties  as  Treasurer,  generally 40 

Election  of '. ^6 

Fees  of T7 

Payments  by  on  audited  vouchers 42 

Power  to  collect  unsecured  taxes 39 

Settlement  with  City   Auditor 63,  64. 

Special  business  days  and  hours 209 

VICE-PRESIDENT  OF  COUNCIL.      . 

Election  and  removal  of 14 

Mayor's  unexpired  term,  may  fill 36 

Oaths  to  claim,  may  administer . 16 

Pro  tern.  Mayor 36 

Special  meetings,  may  call 13 

WATER. 

Appliances  for  distributing 30  25 

City  uses  for.  Council  may  provide 30  38 

Rates,  fixing  oi  annually 30  25 

WATERS.  PUBLIC. 

Damage  to,  Council  may  prevent 30  19 

Obstruction  of.  Council  may  prevent . 30  » 

Vessels  within.  Council  may  regulate 30  9 


xviii  INDEX  TO  CHARTER. 

WARDS.  Sec.        Par. 

Boundaries  not  to  be  changed  when 24 

Geogrraphically  compact   24 

Number  and  boundaries  of 5 

Redistricting  quinquennially    24 

WHARVES. 

Buildings  on  conditionally  prohibited 163 

Damage  or  defect  to  be  reported 159 

Department  of  Streets  and  ^V'harves  controlled  by 146 

I.,eg1slative  powers  of  Council  cA^er 30  T 

Permanent  improvement  fund  for ^ 164 

Rent,  etc.,  fixable  by  Council 161 

Revenue  from,  a  separate  fund 161 

Tolls  and  dockJ'ge . 30  & 


Index  to  Ordinances. 


j^AIR-GUNS.  Page 

Discharge  of,   prohibited 240,264 

V/^NIMALS 

Driving  of  through  city 24:1 

Hitching  of  to  trees,  etc.,  prohibited 24.'> 

Pasturing,  etc.,  on  streets  unlawful 244 

Running  at  large,  etc 101,102 

Slaughtering  of  prohibited 25i 

>-SHE3S. 

Unlawful  deposit  of.  generally 248 

Unlawful  deposit  of,  in  street 244 

ASSEMBLAGE.  ^ 

Obstructing  public  way 245 

Places  of,  entrances,  etc 245 

ATTORNEY,  CITY 

Drafting  ordinances  and  contracts .. 39 

y/CiUTOMOBlLE®. 

Si>eed  over  eight  miles  an  hour  prohibited 260 

BALCONIES,  ETC. 

What  unlawful   241 

BALIv-PLAYING. 

^             On  public  ways  prohibited 244 

.  BARBED  WIRE. 

Use  of,  in  fencing  prohibited 251 

BILLS.  POSTERS,  ETC. 

Defacing,  etc.,  of,  unlawful 251 

Depositing  in  public  ways 244 

Placing  advertisements,  etc.,  on  city  property  unlawful —  255 

BICYCLES.  ETC. 

.  V           On  sidewalks,  etc.,  prohibited 245 

Regulations  regarding  use  of 252 

BONDS. 

Issue,  sale  and  redemption  of 105,112,115,118 

Municipal  Improvement  Funds,  Nos.  1,  2,  3,  -i.. 105  to  108 

Municipal  Improvement  Fim^d,  No.  5 -' 108  to  112 

Municipal  Improvement  Funds,  Nos.  6  and  7 112  to  115 

Municrpal  Improvement 'Fimds,  Nos.  8  and  9 115  to^llS 

Municipal  Improvement  Fund,  No.  10 118  to  121 

Official  55 

BURGLARS'  TOOLS. 

Unlawful  possession  of 240 


XX  INDEX  TO  ORDINANCES. 


BUILDINGS.  Page 

Aisles  of  public,  obstructing 24"^ 

Entrances  of  public 249 

Erecting  without  permit ^ 266 

Letting,  for  immoral  purposes 240 

Letting,  where  infected  with  disease 250 

Moving  on  streets  regulated 72,73 

Moving  on  streets  without  permit 242 

Non-combustible  material  in  fire  districts 253 

Numbering,  neglect  of . 251 

Numbering   of 73,    74 

Projecting  over  public  ways 242,243 

Sleeping  apartments,  air  in 25i 

When  deemed  public  laundry 25'') 

Within  fire  districts 247 

BURIAL. 

Of  persons,  permit  required - 25i> 

CATTLE. 

Driving   through    city 243 

Impounding  of 101 

Tying,  to  trees,  etc 245 

CEMETERIES. 

Exhumation  and  removal  of  human  remains 127 

CHIEF  ENGINEER  FIRE  DEPARl'MENT. 

Acting    52 

Companies,  to  consist  of 52 

Employes,   compensation  of 53 

Fire  alarm  apparatus,  permit 1 248 

Fire  alarm  bell,  peraiit  to  ring 248 

CAPTAIN  OF  POLICE. 

Created,    duties,    salary . 53 

CHIEF  OF  POLICE. 

Direction  as  to  permits  by 39 

Permit  as  to  fireworks,   etc 240 

CHANNELS. 

Damaging,  by  deposits 246 

Stockton  channel — Preservation  of  the  navigation  of 129 

CITY  CLERK. 

Auditor,  ex-officio 39 

License    Collector,    ex-officio 88 

Licenses  issued  by . 88 

Ordinances,   etc.,   record   of -. 39 

CONCEALED  WEAPONS. 

Carrying,  a  misdemeanor 240 

CONVEYANCES  AxND  CONTRACTS. 

See  list  of 135,136 


INDEX  TO  ORDINANCES.  xxi 


COUNCIL,  CITY.  •     Page 

•Permit  of  projections  over  public  ways 243 

Permit  to  repair  within  fire  districts 247 

Permit  to  store  petroleum 249 

Select  material  tor  certain  street  repairs 24d 

Sidewalk,  width  of  in  certain  cases 65 

DISORDERLY  RESORTS. 

Misdemeanor  as  to ^'^'' 

^DOGS. 

Impounding    of :JJ:-' 

License  for J^^ 

Misdemeanor  of  owner  of-...' "^-^ 

DOORS  AND  DOORWAYS. 

9  IQ 

Misdemeanor  as  to 

DRAINS.  „-^ 

Of  laundries,  misdemeanors  as  to '^^■^ 


DRIVING  OR  RIDING. 

243 

243 


Crosswalks,  at  or  on ^'*'^ 


Speed  of,  regulated 

EMPLOYES. 

Salaries  of ^^ 

EXPLOSIVES. 

Unlawful  storage  of ^^'"^ 

FEES.  .. 

Poundkeeper's  "^ 

Surve5^or's   

FILTH  AND  RUBBISH. 

Deposit  in.  public  channels 24o 

Deposit  in  public  ways ^^* 

Garbage  and  refuse  incinerator 9- 

Health,  as  affecting "'^^ 

Portage  of,  certain  times  and  streets ^^^ 

FIREARMS- 

Discharge  of,  prohibited 240,264 

FIRES.  ntQ 

Precautionary  prohibitions ^*° 

FIRE  DEPARTMENT. 

Apparatus,    damaging ^^^ 

Apparatus,  right  of  way  for "^;^ 

Compensation,   employes  in ^'^ 

Exempt  firemen's  relief  fund,  trustees  for l-s 

False    alarm,    giving ^^^ 

Mre  alarm,  interfering  with f^Vl 

Fire  hydrants  and  cisterns,  protection  of ^^5 

Number  of  employes  determined ^•^- 

Obstructing  apparatus  or  members -^^ 

Water,  use  of  certain  during  fires ^^^^ 


Xxii  INDRX  TO  ORDINANCES. 


FIRE  DISTRICTS.  Page 

Created  and  bounded 51,    52 

Fire   walls   of   buildings    within 247 

Hay,  storage  of  within 249 

Permit  to  repair 247 

Repairing  buildings  within 247 

Roofs  of  buildings  within 247 

Sidewalks  within 247 

Walls  of  buildings  within. __ 247 

FRANCHISES. 

Alameda  and  San  Joaquin  Railroad  Co 158, 164, 167, 169 

American  River  Electric  Co 228,  229 

Atchison,  Topeka  and  Santa  Fe  Railway  Co 175,231 

Central  California  Traction  Co 210,213,215 

Central  Natural  Gas  Co 223 

Central  Pacific  Railroad  Co 141,142,145,147,148,149,152 

Citizens'  Natural  Gas  Co 220 

H.  H.  Griffiths  and  others  (street  railroad) 206 

James  A.  Louttit  and  others  (street  railroad) 199 

Jerome  Haas  and  otliers  (gas) 217 

J.  F.  Miller  and  others   (railroad) 153,154 

John   Jackson    (gas) 221 

Northern    Natural    Gas    Co 218 

Sacramento  and  San  Joaquin  Valley  Railway  Co 184 

San  Francisco  and  San  Joaquin  Valley  Railway  Co 

155,  163,  177,179,182 

Southern  Pacific  Co.   (railroad) 143,144,145 

Stockton  and  Copperopolis  Railroad  Co 137  to  141 

Stockton  Electric  Railroad  Co 20:^ 

Sunset  Telephone  and  Telegraph  Co 225 

W.  S.  McMurtry  and  others  (water) ~. 227 

Western  Pacific  Railway  Co 171,186,190,195 

Western  Union  Telegraph  Co 224 

FUNDS. 

Hazelton  Bequest 238 

Municipal  Improvement,  Nos.  1,  2,  3,  4 105  to  108 

Municipal  Improvement,  No.  5 108  to  112 

Municipal  Improvement,  Nos.  6  and  7 112  to  115 

Municipal  Improvement,  Nos.  S  and  9 115  to  118 

Municipal  Improvement,  No.  10 118  to  121 

Urgent  necessity 54 

GAS. 

Certain  acts  a  misdemeanor 125 

Minimum  standard  quality  and  illuminating  power 125 

GRADES. 

Streets,  sidewalks,  etc 56  to  64,  67,  68 

HACKMEN.  RUNNERS,  ETC. 

Misdemeanors  by 246 

Posting  rates  in  vehicle... 122 

Rates  of  fare  fixed 122 


INDEX  TO  ORDINANCES.  xxiil 


HARBOR  CHARGES.  Page 

Harbormaster  collects ^^ 

Misdemeanor  as  to 247 

Payable  in  advance 1^^ 

Penal  sum  for  non-payment  of 10l> 

Recoverable  in  civil  action 1^^ 

Rental  for  wharves,  etc.,  monthly 104 

Tonnage  rates  fixed 103 

Wharfage  rates 103 

HARBORMASTER. 

Accounts  of ^ 

Collects  wharf  rates  and  revenue '*! 

Duties  of,  generally ^^ 

Obstruction  of  wharves,  shall  prevent 40 

Permit  by,  as  to  payments ^0 

Receipt  of  Treasurer,  shall  take ■*! 

Receipt  for  wharfage,  etc ^^ 

Report  of,  monthly ^^ 

Salary  of ^^ 

Unremoved  merchandise,  generally 40 

Ve^^selsat  whari, -may  regulate 39 

HEALTH  AND  HEALTH  OFFICERS. 

Board  of  Health,  creating  a 43,    44 

Board  of  Health,  duties  and  powers 41 

Burial  without  permit  of 250 

Certificate  for  laundries,  monthly 250 

Contagious  diseases,  in  case  of 41 

Contagious  diseases  to  be  reported 250 


Drainage   of  laundries 


. ^ 250 

Expenses  of  Health  Officers 43 

Health  Officer,  duties  and  powers 42,    43 

Health  Officer,  providing  for  a 43,    4t 

Infected  houses,  letting  without  permit 250 

Milk   inspector   . 44,    45 

Misdemeanors,  in  relation  to 250 

Neglect  to  cleanse,   after  notice 250 

Nuisances,  abatement  of ^'^ 

Pesthouse,  leaving  without   permit 250 

Quarantine,  powers  of 41,    42 

Violation  orders  of 250 

HITCHING  POSTS. 

Damaging  of,  unlawful 245 

Lawful  when 242 

INTOXICATION. 

Certain,  a  misdemeanor 240 


K 


INTOXICATING  LIQUORS. 

License  not  issuable  in  certain  cases 91,  92 

License    required    for   dealing   in 91 

Sale  of  regulated 91  to  100 

Conveyances  and   contracts ^^^o,  l^o^ 


xxiv  INDEX  TO  ORDINANCES. 


. .      LAUNDRIES.  Page 

Certificate  of  Health  Officer,  monthly 250 

Drainage  of-_ 250 

Misdemeanor  In  conduct  of 250 

3JBRARY,  FREE  PUBLIC. 

Act  in  relation  thereto 232' 

Hazelton  Library  Bequest,   providing-  for 234 

Real  property  for  Public  Library  purposes 23^ 

Will  of  W.  P.  Hazelton,  extract  from 23$ 

LICENSES. 

Intoxicating-  liquors,  for  dealing  in 91  to  lOO 

Misdemeanor  in  relation  thereto lOO 

Permit  precedent  to  certain 91,    92 

Rates  of 89,90,  95 

Regulations  as  to,  generally 88 

Required  of  what  business 1 89,  90,  92 

MAP. 

Grades  of  streets,  indicating 56,    61 

Mormon  and  Stockton  channels 69,    70 

Official  map  of  city 81 

MAYOR. 

Direction  as  to  permit 39" 

Permit  to  build  projections  over  streets 243 

Permit  to  fire  cannon,  etc 24'> 

Permit  to  move  buildings 242 

V^  MINORS. 

In  certain  places  at  night 1 241 

On  streets  at  night 241 

MISDEMEANORS. 

Advertisements  on  city  propertj^  placing  of 255,274 

Apparatus,  steam,  on  streets,  er.c 243 

Ashes,   unlawful   deposit  of .._  244 

Automobiles,  speed  over  eight  miles  an  hour 260 

Awnings,  etc.,  over  public  ways 241 

Ball-playing  on  public  ways 244 

Banners,  etc..  across  streets 24] 

Barbed  wire,  use  for  fencing 251 

Bicycles,  etc.,  on  sidewalks 245 

Bills,  cards,  etc..  deposit  in  streets 244 

Bills,   posters,   etc.,   (-efacing 251 

Bonfires,  carelessness  as  to 248 

Buildings,  erecting  without  permit : 260 

Driving  above  eight  miles  per  hour 243 

Driving  carelessly  at  crosswalks 243 

Driving  loose  animals  on  streets 244,261 

Explosives,  as  to  storage  of 249 

False  alarm  of  fire,  giving 248 

Fire  alarm,  tampering  with 24S 

Firearms,  firing  of 240 

Fire  Department,  driving  over  hose  of 245 


INDEX  TO  ORDINANCES.  xxt 


MISDEMEANORS    (Continued).  Page- 

Fire  Department,  obstructing   218 

Fire  districts,  certain  building  in 247 

Fires  in  open  air,  carelessness 248^ 

Fireworks,  setting  off 240 

Gambling  implements,  possession  of,  etc 241 

Garbage,  offal,  etc.,  deposit  of 245 

Gas,  certain  acts 125 

Hackmen,  etc.,  charging  certain  rates 2i>5 

Hackmen,  etc.,  violation  of  certain  rules 24G 

Harbor  dues,  etc.,  neglect  to  pay 247 

Hats,  prohibiting-  wearing  of,  in  theaters,  etc 25t> 

Hay  and  straw,  as  to  storage  of 249 

Hitching  posts,  damaging,  etc 245 

Hogs,  within  city  limits 265 

Immoral  resorts,  frequenting,  etc... 240 

Intoxication  on  streets,  etc —  240 

Irrigation,  certain  times  and  sources 248 

Keno,  g'ambling  game  of . 257 

Laundries,  as  to  drainage  of.^ . 250 

Laundries,  conduct  without  certain  certificates 250- 

License,    doing    business    without 91,247 

Lights  not  on  obstructions  on  streets 265 

Light,   power  and  heat  companies    refusing     to     furnish 

statements 271 

Machinery  and  vehicles  with     projections     on     improved 

streets 261 

Minors  on  streets  at  night 241 

Minors,  permitting  in  certain  places  at  night 241 

Numbering  houses,  neglect  of 251 

Obstructing  public  ways 241 

Obstruction  of  ways  by  crowd 245- 

Papers,  bills,  etc.,  deposit  in  streets,  etc 244 

Passages,  public  halls,  obstructing 249 

Pasturing  on  public  ways 244 

Pawnbrokers,  neglect  to  keep  a  record  book 259 

Pedes-trians  on  crosswalks,  imperiling 243 

Pesthouse,  leaving  without  permit 250 

Petroleum,   as  to  conveyance   of 273^ 

Poolselling  or  bookmaking 262 

Posts,  pillars,  etc.,  on  public  ways 241 

Privies  not  properly  connecting  with  sewer 260 

Projections  over  public  ways,  certain 242,263 

Prostitution,   soliciting 241 

Public  ways,  obstruction  of 241 

Railroad  cars,  children  boarding,  etc 254 

Railroad  cars,  obstnicting,  etc 24o: 

Railroads,  irregular  boarding,  etc 246 

Railroads,  speed  over  eight  miles  an  hour 24G 

Remedies  left  outside  of  premises 267' 

Repair  of  streets,  etc.,  neglect  of 242 

Repairs,  certain,  in  fire  districts 2 47 

Report  of  certain  diseases,  neglect  to 250 

Roofs,  combustible,  in  Fire  Districts 247 

Rubbish,  deposit  in  public  ways 244 

Second-hand  dealers,  neglect  to  keep  a  record-book 25^^' 


xxvi  INDEX  TO  ORDINANCES. 


MISDEMEANORS    (Continued).  Page 

Siii;nals  at  street  crossing's  of  railways,  not  placing 274 

Signs,  etc..  over  public  ways 24S 

Slaughtering  animals 251 

Sleeping  rooms,  as  to  air  in 251 

Slot  machines,   etc 256 

Sprinkling  streets,   companies   or  corporations   failing   to 

do  so 267 

Steamboats,  etc.,  speed  over  five  miles  per  hour 24S 

Stove-pipes,  etc.,  as  to  placing  of,  etc 248 

Street  paving  work,  interfering  with 272 

Streets  and  sidewalks,  neglect  to  repair 242,245 

Streets  and  sidewalks,  obstruction  of 241 

Street  work  without  permission,  etc 269 

Telegraph  and  telephone  apparatus,  as  to 250 

Transporting  offensive  matter,  as  to 244 

Trees,  cutting  down  or  removing 264 

Trees,  hitching  to 245 

Trees,  neglect  to  trim 244 

Unlawful  practices,   letting  premises  for 240 

Vehicles,  as  to  tires  of ^- 245 

Vehicles  obstructing  passages 242 

Vehicles,  rough-locking  wheels  of. 245 

Watercocks,  certain,  leaving  open 248 

Weeds  in  sidewalk  space 257,26^ 

Wharf,  neglect  to  remove  goods  from 251 

Wharfage,  etc.,  neglect  to  pay 247 

Wls^UISANCES. 

Expectoration  in  public  places 255 

Health  officers  and  certain 42 

Public  ways,  etc.,  as  to . 241  to  245 

•OBSTRUCTIONS. 

Aisles  of  public  halls,  etc 249 

Crowds  on  streets,  by_ 245 

Public  ways,  generally 242 

Wharves,  etc 40 

OFFICERS. 

Duties   of   certain.  _• 39  to  43 

Salaries  of,  generally 56 

Surveyor,   special  compensation  of 54 

Trustees  of  Free  Public  IJbrary 23fT 


ORDINANCES. 

Bond  issues,  relating  to 105 

Catalogue  of    ..^ 275 

Conveyances,  etc.,  relating  to . 135 

Franchises 137 

Free  Library 232 

Licenses  and  revenues . 88 

Miscellaneous    12:-! 

Misdemeanors,   relating   to 240 

Officers  and  organization ,  as  to 39 

Pawnbrokers,  etc.,  regulations  for 25^ 

Streets,  sidewalks,  etc.,  as  to 56  to   69 


INDEX  TO  ORDINANCES.  xxvU 

PENALTY.               •  Page 

Children  boarding  cars,  for 254 

Misdemeanors  in  general,  for 251 

PERMITS. 

Buildings,  to  erect 266 

Buildings,  to  move  on  streets 72,242 

Buildings,  to  repair  in  fire  districts 24  7 

Burial  of  deceased  persons,  for 250 

Cannon,  etc.,  to  discharge 240 

Concealed  weapons,   to  carry i 240 

Direction  of  officers,  as  to 39 

Fire  alarm  bell,  to  ring 248 

Fire  alarm  telegraph,  to  disturb 24S. 

Fireworks.,  to  set  off 240 

Harbor  dues,  etc.,  to  postpone  payment 103,104 

Letting  infected  premii-.es,  for 250 

Licenses,    precedent    to 93 

Minors  on  street  at  night,  for 241 

Petroleum,  for  storage  of 249 

Projections  over  public  ways,  for 24.^ 

Repairing  streets  under  franchise.-- 245 

Steam  apparatus  on  streets,  for 243 

Telegraph  apparatus,  etc.,  to  disturb 250 

petholeum. 

Unlawful  storage  of 249 

POLICE. 

Captain  of,  creation  and  compensation 53" 

Chief  of,  permits  by 39 

Health  Officers,  duties  as  to  aiding 42 

Relief,  health  and  life  insurance  and  pension  fund 127 

Salaries  of  56 

POLICE  AND  FIRE  COMMISSIONERS. 

Duties  and  powers  in  relation  to  certain  licenses 94 

POUND  AND  KEEPER. 

Animals  subject  to  impounding 101 

•  Duties,  ix>wers  and  fees  of  keeper 101,102 

Established  and  authorized 102 

PROSTITUTION. 

Soliciting,   a  misdemeanor 241 

PUBLIC  SQUARES. 

Public  squares,  protection  of 254 

RAILROADS. 

•Boarding  and  landing  from 246,254 

Franchises  for  137  to  217 

Obstructing  cars  of,  unlawful 246 

■  Regulations  at  depots,  etc 246 

Repairs  between  tracks 245 

Spe^d  of,  limited 240 

RrdING  OR  DRIVING. 

On  or  near  crosswalks : 243 

Over  eight  miles  per  hour 24 :? 

Over  hose  of  Fire  Department 24S 


xxviii  INDEX  TO  ORDINANCES. 


SALARIES.                                                                                      •  Page 

Captain  oC  Police 53 

City  officei's.  generally,  of 5G 

Health  Officer ii 

Policemen . '  56 

Surv^eyor,   special  compensation 54 

SALOONS. 

Licenses  for . 88,91  to  100 

Minors  not  to  remain  in  at  night 241 

School  houses  distance  from  regulated 92 

SEWERS. 

Branch,  construction  and  use  regulated 2G0 

Privies,  connection  required 2»i0 

Public,  connections  with  regulated 260 

Public,  connections  with  required 260 

Regulation  of,  generally 260 

SIGNS. 

Certain  unlawful 243 

SIDEWALKSu 

Awnings,  balconies,  etc.,  over . . 241 

Bridges,  chutes,   etc..   regulated 71 

Combustible,  prohibited  in  fire  districts 247 

Definition  of    65 

Exhibiting  merchandise,  use  for 242 

Grade    of    56  to    67 

Manner  of  construction  of 66 

Material  of 66 

Neglect  to  repair 242 

Obstruction  of,  generally 241 

Projections   over,   generally 242 

Signs,  banners,  etc.,  on . 243 

Transfer  of  merchandise  over 242 

Trimming  trees  on 244 

Width  of,  generally 65,    QQ 

(See  misdemeanors.) 

STOCKTON  CHANNEL. 

Preservation  of  the  navigation  of 129 

STREETS. 

Acceptance  of  dedications 81 

Accepted,  list  of 81,    82 

Accepted  conditionally,  list  of 83  to    87 

Ball-playing  on  244 

Bridges,  chutes,  etc.,  over 71 

Buildings  on  in  process  of  removal 72,    73 

Carpet  cleaning  on . __,__  244 

Changing  names  of  certain 73 

Changes  in  grades  of  certa,in 57  to    60 

Closing  parts  of  Aurora  an  d  Poplar 70 

Closing  parts  of  Sutter  and  Willow 74,    75 

Companies  or  corporations  failing  to  sprinkle 267 

Crowds  obstructing  passage  of 245 

Curb  line,  location  of  on  certain 67 

Definition  of  terms  as  to 65 

Dogs  thereon  without  license  tags 100,101 


INDEX  TO  ORDINANXES.  xxix 


STREETS   (Continued).  Page 

Driving  at  or  near  crosswalks 243 

Driving  loose  animals  thereon 244 

Driving  over  eight  miles  per  hour 243 

Excavations  in  75  to    79 

Grades  of  56,    57 

Neglect  to  repair 242 

Numbering  entrances  from 73,  74,  251 

Posts,  pillars,  etc 241 

Projections  over 242 

Repairs  between  railroad  tracks 245 

Rough-locking  wheels  on  certain 245 

Rubbish,  etc.,  deposit  of 244 

Scraps,  paper,   etc..  deposit  of 244 

Signs,  placards,  etc.,  on 243 

Steam  apparatus  on •    243 

Tires  of  wheels  and  loads 245 

Transporting  offensive  matter  on 244 

Vehicles,  etc..  impeding  passage 242 

STEAMBOATS. 

Speed  of   24G 

SURVEYOR,  CITY. 

Special  compensation  of 54 

TREES 

Cutting  down  or  removing 2G4 

Hitching   to    245 

Neglect  to  trim 244 

•  When  lawful  in  streets 242 

VAULTS,  ETC. 

Cleansing  of 250 

VEHICLES. 

Impeding  passage  of  streets 242 

Leaking,  dropping  or  spilling 79 

Posting  rates  of  fare  therein. 122 

Tires  and  loads  of 245 

With  projections  on  improved  streets  forbidden 261 

VESSELS. 

At  wharves,  regulated 39 

Tonnage,   harbor   dues,   etc 104 

WALLS 

In  fire  districts 247 

W4RDS. 

Boundaries  of   81 

Dividing  the  city  into 80 

WATER.  ; 

Measured  by  meter  or  otherwise,  rates  of 124 

Monthly  rates   122 

Rates  of,   established 122 

Rules  governing  consumers  of 258 

Use  of  certain,  during  fires 248 

WHARVES. 

Use  of.  regulation  of 40 

WINDOWS. 

Projection  over  public  ways 242 


NOTE   INTRODUCTORY 
TO    CHARTER 


The  City  of  Stockton  was  originally  incorporated  under  a  general 
Act  of  the  Legislature  entitled  "An  Act  to  provide  for  the  incorpora- 
tion of  cities,"  passed  March  11,  1850. 

The  following  order  of  incorporation  was  made  and  entered  in  the 
County  Court  (Benjamin  AVilliams,  County  Judge,  presiding)  on  .-.e 
twenty-third  day  of  July,  1850: 

"A  petition  from  the  citizens  of  Stockton  praying  that  the  town 
might  be  incorporated  under  the  name  of  the  City  of  Stockton,  accord- 
ing to  the  provisions  of  an  Act  to  provide  for  the  incorporation  of 
cities,  was  this  day  presented  to  the  Court,  and  it  appearing  to  the 
satisfaction  of  the  Court  that  said  town  had  a  ix>pulation  exceeding 
2,000,  that  a  majority  of  the  qualified  electors  thereof  have  signed  the 
above  petition,  and  that  legal  notice  has  been  given  of  the  aforesaid 
application,  it  is  therefore  ordered  by  the  Court,  after  hearing  said 
application,  that  in  accordance  with  the  prayer  of  said  petition,  said 
town  is  incorporated  by  the  name  of  the  City  of  Stockton,  with  the 
following  boundaries,  to-wit:  On  the  north  by  Flora  street,  on  the 
east  by  Aurora  street,  on  the  south  by  Twiggs  street,  on  the  west  by 
Bragg  street  or  Tule  street,  as  shown  by  Hammond's  survey  of  said 
town,  a  map  of  which  is  deposited  with  this  Court. 

"It  is  further  ordered  that  the  Common  Council  to  be  chosen  under 
this  Act  of  incorporation  shall  consist  of  seven  members. 

"It  is  further  ordered  that  notice  be  given  of  an  election,  under 
the  above  Act  of  incorporation,  to  be  held  at  the  Central  Exchange,  in 
Stockton,  on  Thursday,  the  first  day  of  August,  A.  D.  1850." 

[See  Minute  Book  A  of  the  County  Court,  page  17.] 

As  to  reincorporations,  see  index  to  Statutes  at  the  end  of  this 
volume. 

A  copy  of  the  map  mentioned  above  is  annexed  to  the  order  a3 
entered  in  Judgment  Book  "A"  of  the  County  Court,  page  6,  and  tho 
original   thereof  is  filed  in  the  County  Recorder's  office. 

A  map  made  by  Duncan  Beaumont,  City  Surveyor,  was,  on  August 
3,  1860,  adopted  as  the  official  map  of  the  city.  The  boundaries  of 
the  city  as  delineated  thereon  are  the  same  as  in  the  order  and  map 
above  mentioned. 

A  map  by  H.  T.  Compton,  City  Surveyor,  was,  on  July  23,  1891, 
adopted  as  the  official  map  of  the  city.  On  this  map  the  boundaries 
of  the  city  correspond  with  the  present  legislative  description  thereof, 
viz. : 

"The  government  and  jurisdiction  of  the  City  of  Stockton  shall 
extend  over  all  that  portion  of  the  County  of  San  Joaquin  bounded 
north  by  the  north  line  of  North  street,  south  by  the  south  line  of 
South  street,  said  lines  extending  west  to  the  line  of  Tule  street, 
half  a  mile,  east  by  the  east  line  of  Bast  street,  as  said  streets  are 
now  laid  out,  dedicated  and  known  in  said  city,  and  west  by  a  lino 
parallel  with  Tule  or  Bragg  street,  and  half  a  mile  west  from  said 
street  and  intersecting  with  the  continuation  of  said  north  and  south 
lines  westerly." 

The  three  mapr,  above  mentioned  are  the  only  official  maps  ever 
adopted  of  the  entire  city 


»      .    >      >    > 


CHjPLRTE|^nr.-.i:;;Mi.-:-. 


-OI!'    TZ^El- 


CITY    OF    STOCPCTON 


Ratified  by  the  Electors,  November  20,  188S. 
Approved  by  the  Legislature,  March  2,  1889. 
Also  the  Amendments  ratified  by  the  Electors 
on  the  19th  day  of  May,  1903,  and  approved 
by  the  Legislature  January  24,  1905. 


BOUNDARIES,     RIGHTS    AND    LIABILITIES. 

Section  1.  The  municipal  corporation  nov,'  existing,  known  as  the 
City  of  Stockton,  shall  remain  and  continue  a  body  politic  and 
corporate,  in  name  and  in  fact,  by  the  name  of  the  City  of  Stockton, 
and  by  that  name  shall  have  perpetual  succession,  may  sue  and  defend 
in  all  Courts  and  places,  and  in  all  matters  and  proceedings  whatever, 
and  may  have  and  use  a  common  seal,  and  the  same  alter  at  pleasure, 
and  may  purchase,  receive,  hold,  and  enjoy  real  and  personal  property, 
within  and  without  the  City  of  Stockton,  and  sell,  convey,  mortgage, 
and  dispose  of  the  same  for  the  common  benefit;  and-  may  determin-i 
and  declare  what  are  public  uses  and  when  the  necessity  exists  of  con- 
demning- lands  therefor,  and  what  are  the  lands  it  is  necessary  to 
condemn,  and  may  receive  bequests,  gifts,  and  donations  of  all  kind.^ 
of  property,  within  and  without  the  city,  in  fee  simple  or  in  trust  for 
charitable  or  other  purposes,  and  do  all  acts  necessary  to  carry  out  the 
purposes  of  such  bequests,  gifts,  and  donations,  with  power  to  manage, 
sell,  lease,  or  otherwise  dis]X)se  of  the  same,  in  accordance  with  the 
terms  of  the  gift,  bequest,  or  trust. 

Sec.  2.  The  public  buildings,  lands  and  property,  all  rights  of 
property,  and  rights  of  action,  all  moneys,  revenues,  and  income  be- 
longing or  appertaining  to  the  City  of  Stockton  are  hereby  declared 
to  be  vested  in  the  said  City  of  Stockton. 

Sec.  3.  The  said  City  of  Stockton  shall  continue  to  have,  hold, 
and  enjoy  all  public  buildings  belonging  to  the  City  of  Stockton,  lands, 
wharves,  waters,  property  real  and  personal,  rights  of  property,  rights 
of  action,  suits,  actions,  moneys,  revenue,  income,  books,  documents, 
records,  archives,  claims,  demands,  and  things  in  possession  and  action, 
of  every  nature  and  description  and  shall  be  subject  to  all  the  obliga- 
tions, debts,  liabilities,  dues,  and  duties  of  the  existing  municipality. 

Sec.  4.  Suits,  actions,  and  proceedings  may  be  brought  in  the 
name  of  the  City  of  Stockton  for  the  recovery  of  any  property,  money, 
or  thing  belonging  thereto,  in  law  or  equity,  or  dedicated  to  public  use 
therein,  or  for  the  enforcement  of  any  rights  of,  or  contracts  with  said 
City  of  Stockton,  whether  made,  or  arising-,  or  accruing  before  or  after 
the  adoption  of  this  Charter;  and  all  existing  suits,  actions,  and  pro- 
ceedings, in  the  Courts  or  elsewhere,  to  which  said  city  is  a  party, 
shall  continue  to  be  carried  on  by  or  against  the  said  City  of  Stockton. 


2  CITY  CHARTER. 

■  T^ ^^ — ^-i.  •■'  .,i  I    * ~"  — ■ 

'   "'    Sec.  5."    ¥lie^  "Oi^iy  of   Stockton  shall   be   divided  into  four  wards, 
ths , Fespec.ti\re  boundaries  of  which   shall  he  as  follows,  to-wit: 

t'irst  War'd-^All  the  territory  within  the  limits  of  said  city  south 
of  the  center  of  Main  street  and  west  of  the  center  of  Sutter  street. 

Second  Ward — All  the  territory  within  the  limits  of  said  city  north 
of  the  center  of  Main  street  and  west  of  the  center  of  Sutter  street. 

Third  Ward — All  the  territory  within  said  city  south  of  the  center 
of  Main  street  and  east  of  the  center  of  Sutter  street. 

Fourth  Ward — All  the  territory  within  said  city  north  of  the  center 
of  Main  street  and  east  of  the  center  of  Sutter  street. 


ELECTIONS. 


Section  6.  General  municipal  elections  shall  be  held  biennially 
on  the  third  Tuesday  in  May,  commencing  with  the  third  Tuesday  in 
May,  1905.  Except  as  ih  this  Charter  otherwise  provided,  all  city 
oflBcers  shall  be  elected  by  the  oualified  electors  of  the  city  and  at  a 
greneral  municipal  election,  and  their  term  of  office  shall  be  two  years, 
beginning  at  12  o'clock  meridian  en  the  first  Tuesday  in  June  next 
after  their  election,  and  they  s'hall  serve  until  their  successors  shall 
be  elected  and  qualified.  In  the  absence  of  specific  provision  in  this 
Charter  otherwise  the  terai  of  every  oflicer,  including  the  Chief  of 
Police  and  Chief  Engineer  of  the  Fire  Department,  shall  be  two  years. 
An  officer  shall  be  deemed  qualified  within  the  meaning  of  this  section 
when  he  has  t-aken  the  oath  of  office  and  filed  the  same,  together  with 
his  official  bond,  if  by  this  Charter  a  bond  is  required  of  him. 
[Amended.] 

Sec.  7.  The  provisions  of  title  two,  part  three,  of  the  Political 
Code,  relating  to  elections,  and  all  laws  amendatory  thereof  and  supple- 
mental thereto,  and  all  rights,  duties,  liabilities,  and  restrictions  aris- 
ing thereunder,  not  inconsistent  with  the  provisions  of  this  Charter, 
are  hereby,  so  far  as  the  same  can  be  applied,  made  applicable  to  all 
municipal  elections;  and  the  respective  officers  of  the  city  shall  have, 
possess,  and  perforai  such  powers  and  duties  in  all  matters  relating 
to  municipal  elections  as  are  by  law  conferred  or  imposed  upon  county 
officers  and  officers  of  election  in  State  and  county  elections;  and  to 
that  end,  all  rights,  powers,  and  duties  so  by  law  conferred  or  imix>sed 
upon  the  Board  of  Supervisors,  are  hereby  conferred  upon  the  Council; 
and  all  rights,  powers,  and  duties  so  by  law  conferred  or  imposed  uix)n 
the  County  Clerk  are  hereby  conferred  and  imposed  upon  the  City 
Clerk,  except  as  in  this  Charter  provided. 

Sec  8.     [Repealed  and  annulled.] 

Sec.  9.  Only  such  persons  residing  in  the  city,  whose  names 
apfiear  upon  the  Great  Register  of  San  Joaquin  County  at  the  time 
of  any  municipal  election,  shall  be  entitled  to  vote  at  such  election; 
and  to  this  end  and  extent,  said  Great  Register  is  hereby  adopted  as 
the  register  of  voters  in  and  for  the  city.  The  Council  shall  cause 
the  authenticated  copies  of  such  Great  Register  to  be  made  and  use<l 
at  and  for  all  municipal  elections. 

Sec.  10.  The  certificates  of  election  issued  by  the  City  Clerk  must 
be  authenticated  with  the  seal  of  the  city.  No  other  authenticatlou 
t^ball  be  necessary. 


CITY  CHARTER. 


LEGISLATIVE    DEPARTMENT. 

Section  It.  The  legislative  power  of  the  City  of  Stockton  shall 
be  vested  in  a  Council  consisting  of  the  Mayor  and  eight  Councilmen. 
[Amended.] 

Sec.  12.  Councilmen  shall  be  elected  at  the  general  municipal 
•election.  At  the  election  held  in  1905  there  shall  be  elected  one  Coun- 
cilman by  each  of  the  four  wards  of  the  city,  and  one  Councilman 
selected  from  each  of  the  four  wards  and  elected  by  the  city  at  large. 
The  term  of  office  of  a  Councilman  shall  be  four  years,  beginning  ai 
12  o'clock  meridian  on  the  first  Tuesday  in  June  next  after  his  elec- 
tion, and  his  salary  shall  be  fixed  by  the  City  Council  at  a  sum  not 
exceeding  $300  per  year.  Provided,  however,  that  of  those  Councilmen 
elected  at  said  election  in  1905,  the  terms  of  office  of  the  Councilmen- 
at-Large,  from  the  First  and  Fourth  Wards,  and  of  the  ward  Council- 
men  from  the  Second  anrl  Third  Wards,  shall  expire  at  the  end  of  two 
years.  Each  Councilman  shall  be,  at  the  time  of  his  election,  a  resi- 
dent of  the  ward  from  which  he  Is  elected  or  selected.     [Amended.] 

Sec.  13.  The  Council  shall  meet  and  organize  on  the'  first  Tues- 
tlay  of  June  after  the  election  of  its  members,  and  at  such  other  times 
as  may  be  designated  by  resolution  or  ordinance.  Special  meetings 
may  be  called  by  the  Mayor  or  five  members  of  tbe  Council.  Five 
members  of  the  Council  shall  be  a  quorum,  and  the  affirmative  vote 
of  five  members  shall  be  necessary  to  pass  any  measure,  but  a  less 
number  than  five  may  adioum  from  day  to  day,  and  comi>el  the  attend- 
ance of  absent  members  In  such  manner  and  under  such  penalties  as 
the  Council  may  prescribe.  The  action  of  the  Council  at  special  meet- 
ings shall  be  confined  to  the  matters  specified  in  the  notice. 
[Amended.] 

Sec.  14.  The  Council  shall  annually  elect  a  Vice-President  from 
its  own  members,  who  may  be  removed  by  an  affirmative  vote  of  not 
less  than  five  members  of  the  Council.     [Amended.] 

Sec.  15.  The  Council  shall  establish  rules  for  its  proceedings. 
It  shall  have  the  power  to  punish  its  members  for  disorderly  conduct 
In  its  presence,  and  may  expel  any  member  for  malfeasance  in  office 
by  an  affirmative  vote  of  five  of  its  members.  The  Council  shall  also 
have  the  power  to  compel  the  attendance  of  witnesses,  and  the  pro- 
duction of  all  papers  relating  to  any  business  properly  before  that 
body,     [Amended.] 

Sec.  16.  The  Mayor,  the  Vice-President  of  the  Council,  and  the 
Chairman  of  each  committee,  and  each  and  every  city  officer  (except 
policemen  and  firemen)  shall  have  the  power  to  administer  oaths  and 
a,ffirmations  relating  to  any  business  brought  before  the  Council  or 
under  consideration  by  their  respective  departments.     [Amended.] 

Sec.  17.  No  ordinance  shall  be  amended  by  reference  only  to  its 
title,  but  when  any  ordinance  is  amended  the  section  or  sections 
thereof  shall  be  re-enacted  at  length  as  amended. 

Sec.  IS.  Every  ordinance  shall  embrace  but  one  subject,  which 
shall  be  clearly  indicated  in  the  title.  In  all  cases  where  the  subject 
Is  not  so  expressed  in  the  title,  the  ordinance  shall  be  void  as  to  the 
matter  not  expressed  in  the  title. 

Sec.  19.  When  any  bill  is  put  upon  its  final  passage  and  fails  to 
pass,  if  a  motion  is  made  to  reconsider,  the  vote  upon  such  motion 


4  CJTY  CHARTER. 


shall  not  te  taken  until  the  next  meeting-  of  the  Council.  No'  bill  for 
the  grant  of  any  franchise  shall  be  put  on  its  final  passage  within 
thirty  days  after  its  introduction. 

Sec.  20.  Erery  bill,  after  it  has  passed  the  Council,  shall  be 
certified  to  by  the  Clerk,  under  the  seal  of  the  City  of  Stockton.  And 
every  bill  which  shall  have  passed  the  Council,  and  have  been  thus 
authenticated,  shall  be  presented  to  the  Mayor  for  his  approval.  The 
Mayor  shall  return  such  bill  to  the  Council  within  ten  days  after 
receiving  it.  If  he  shall  sign  the  same  it  shall  then  become  an  ordi- 
nance, but  if  he  shall  disapprove  the  bill,  he  shall  state  his  objections 
thereto  in  writing.  If  the  bill  is  not  returned  with  such  approval  or 
disapproval  within  the  time  specified,  it  shall  take  effect  as  if  he  had 
approved  the  same.  And  every  resolution  carrying  the  appropriation 
of  money,  after  it  shall  have  been  adopted  by  the  Council,  shall  be 
subject  to  veto  by  the  Mayor,  the  same  as  an  ordinance,     [Amended.] 

Sec.  21.  When  a  bill  is  retuined  without  the  approval  of  the 
Mayor,  the  Council  shall,  within  thirty  days  thereafter,  proceed  to 
consider  and  vote  on  the  same.  If  the  bill  is  again  passed  by  an 
affirmative  vote  of  not  less  than  six  members,  it  shall  take  effect  as 
if  the  Mayor  had  approved  the  same.  If  the  bill  shall  fail  on  being  so 
considered  to  receive  six  affirmative  votes,  it  shall  then  be  finally  lost. 
The  vote  shall  be  taken  by  ayes  and  noes,  and  the  result  shall  be  en- 
tered in  the  minutes  of  the  Council.     [Amended.] 

Sec.  22.  The  action  of  the  Council  shall  be  by  ordinance  or  reso- 
lution. To  constitute  an  ordinance,  a  bill  must,  before  final  action 
thereon,  be  passed  to  print,  and  published,  with  the  ayes  and  noes,  for 
ten  days;  and  in  case  of  any  amendment  being  thereafter  made,  must 
in  like  manner  be  republished  as  amended  for  not  less  than  five  days. 
No  action  providing  for  any  specific  improvement,  or  the  granting  of 
any  privilege  or  involving  the  lease,  appropriation,  or  disiwsition  of 
public  property,  or  the  expenditure  of  public  money  (except  sums  of 
less  than  $5,000),  or  the  levying  of  any  tax  or  assessment,  or  the  impos- 
ing of  any  new  duty  or  penalty,  shall  be  taken,  except  by  ordinance. 
'iTie  Council  shall  have  power  to  provide  by  resolution  for 
extraordinary  expenditure  in  case  of  public  disaster  or  distress. 
[Amended.] 

Sec.  23.  No  ordinance  passed  by  the  Council  shall  take  effect 
until  ten  days  after  its  passage  and  approval,  unless  otherwise  pro- 
vided in  the  enactment. 

Sec.  24.  The  Council  shall,  in  the  year  one  thousand,  nine  hun- 
dred and  five,  and  every  fifth  year  thereafter,  redistrict  the  city  into 
four  wards,  making  the  same  as  nearly  equal  in  population  and  as 
geographically  compact  as  possible,  but  the  city  shall  not  be  so  redis- 
tiicted  within  ninety  days  previous  to  any  municipal  election.  Pro- 
vided, however,  that  should  any  additions  be  annexed  to  the  city,  that 
the  new  territory  shall  be  added  to  and  made  a  part  of  the  respective 
contiguous  wards.     [Amended.] 

Sec.  25.     The  Council  shall,  during  the  first  year  after  its  organ-, 
ization   under  this  Charter,  cause  all  ordinances  then  in  force  to  be: 
classified  under  appropriate  heads,  and  shall  provide  for  the  publica- 
tion of  che  same  in  book  form.     Every  officer  of  the  city  shall  be  en- 
titled to  one  copy  of  such  ordinances,  without  charge,  and  every  citi- 
zen applying  for  a  copy  shall  be  entitled  to  the  same  at  the  cost  of 


CITY  CHARTER 


publication.  The  Council  shall,  everj^  five  years  after  the  publication 
as  herein  provided,  cause  all  the  Ordinances  at  that  time  in  force  to 
be  compiled,  and  shall  publish  the  same,  subject  to  the  terms  and  con- 
ditions herein  expressed. 

Sec.  26.  The  enacting  clause  of  all  Ordinances  shall  be  in  these 
words:  "Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows." 

Sec.  27.  No  contract  for  lighting  streets,  public  buildings,  places, 
or  offices,  shall  be  made  to  pay  for  power  or  for  gas,  electric  lights, 
or  any  other  illuminating  material  at  a  higher  rate  than  is  charged 
to  any  other  consumer.     [Amended.] 

Sec.  28.  No  contract  for  the  supplying  of  water  for  the  use  of  the 
municipality,  in  any  of  its  departments,  shall  be  made  wherein  tho 
rates  exceed  those  charged  to  other  consumers. 

Sec.  29.  All  contracts  must  be  in  writing,  executed  in  the  name 
of  the  city,  and  by  an  officer  authorized  to  make  the  same.  The  form 
and  legality  of  all  contracts  shall  be  submitted  to  and  passed  upon  by 
the  City  Attorney.  Every  contract  must  be  countersigned  by  the  City 
Clerk,  numbered,  and  registered  in  a  book  kept  for  that  purpose. 
[Amended.] 
■^  •  %  Sec.  30.  The  Council  shall  have  power  to  pass  Ordinances: 
^^  1^  1.  To  establish  or  alter  the  grades  of,  and  to  open,  lay  out,  close, 
straighten,  widen,  or  otherwise  improve  or  regulate  streets,  alleys, 
lanes,  and  sidewalks  upon  the  same;  determine  the  width  of  sidewalks 
and  streets,  and  the  grade  of  the  same,  and  to  provide  for  acceptance 
of  streets  when  constructed  and  completed,  in  accordance  with 
such  regulations  as  the  Council  may  adopt.  Also,  to  open,  lay  out,  and 
construct,  alter,  repair,  and  vacate  walks,  crosswalks,  avenues  and 
Thoroughfares  in  or  over  any  plaza,  park,  or  grounds  belonging  to  or 
under  the  control  of  the  citv. 

2.  To  regulate  or  prohibit  traffic  and  sales  in  streets,  highways, 
and  public  places;  to  prevent  encroachments  upon,  or  obstructions  to 
the  same,  and  to  require  their  removal. 

3.  To  regulate  the  laying  of  telegraph  or  telephone  wires  in  or 
upon  the  public  streets;  erecting  of  gas  and  electric  lights  therein;  the 
numbering  of  houses  on  the  streets  and  avenues;  the  naming  of  the 
streets,  avenues,  public  places,  and  thoroughfares;  the  crossing  of 
streets,  avenues,  sidev/alks,  and  gutters;  the  use  of  streets  and  side- 
walks for  signs,  signposts,  awnings,  awning-posts,  horse-troughs,  tele- 
graph-posts, and  other  purposes;  the  exhibiting  of  banners,  placards, 
or  flags,  in  or  across  the  street  or  from  houses  or  other  buildings; 
ptiblic  cries,  advertisins-  and  other  noises,  steam  whistles,  and  the 
ringing  of  bells  in  the  street;  the  use  of  the  streets  and  public  places 
for  foot  passengers,  animals,  vehicles,  cars  and  locomotives. 

^,  P'     4.     To  regulate  the  building  and  repairing  of  sewers;  and  it  shall 
--     I  establish  a  general  and  comprehensive  system  of  sewers  in  the  city. 

41/^.  To  regulate  and  control  the  planting,  cutting  and  removing  of 
shade  and  ornamental  trees  on  the  streets,  sidewalks,  and  public  thor- 
oughfares of  the  city. 

5.     To  provide  for    and    regulate    street    pavements,    crosswalks, 
curbstones,   grades,   gutters,   sewers,   lighting,   oiling  and  watering  of 
the  streets,  avenues,  and  public  places. 
f,^  j  6.     To  regulate  dispensaries,  hospitals,  markets,  and  other  public 

^j  [institutions. 

T*       7.     To  provide  for  the  construction  and  repair  of  bridges,  w^harves, 
I  docks,  piers,  slips,  ferries,  and  miblic  places. 


L 


CITY  CHARTER. 


8.  To  fix,  regulate,  and  collect  tolls,  wharfage,  and  dockage. 

9.  Tb  regulate  the  moving  and  anchoring  of  vessels  within  the 
waters  of  the  city,  and  to  prevent  obstruction  to  the  free  navigation 
of  the  same. 

£[  10.  To  make  regulations  for  preventing  and  extinguishing  fires, 
establishing  fire  districts,  preventing  the  erection  or  repairing  of 
wooden  buildings  or  any  buildings  composed  of  combustible  material 
Therein,  and  for  restricting  the  height  of  buildings  or  structures.  To 
make  such  rules  and  regulations  concerning  the  construction  and  use 
of  buildings  as  may  be  necessary  for  the  safety  of  the  inhabitants;  to 
provide  for  the  examination,  approval,  or  disapproval  of  the  plans  and 
specifications  of  all  buildings  about  to  be  constructed,  and  tO'  prevent 
the  construction  thereof  contrary  to  the  provisions  of  any  Ordinance; 
to  provide  for  the  examination  of  all  buildings,  and  the  removal 
thereof  if  found  unsafe  or  constructed  contrary  to  Ordinance. 

To  declare  what   shall  constitute  a  nuisance,  and  abate  the 


k 


4 


11. 

same. 
12. 
13. 
ouses, 


To  provide  and  maintain  a  morgue. 

To  prohibit  or  suppress  all  houses  of  ill-fame,  all  occupations, 
places   of   amusement,   exhibition,    and    practices    which     are 
gainst  good   morals,   and   contrary   to  public   order  and   decency,   or 
dangerous  to  the  public  safety. 

14.  To  regulate  or  prohibit  the  sale,  storage,  and  use  of  powder, 
fireworks,  dynamite,  nitroglycerin,  and  other  explosive  or  combusti- 
ble materials  and  substances,  the  places  of  their  manufacture,  stor- 
age, and  their  transportation, 

15.  To  regulate  the  maintenance  of  acid  works,  slaughter- 
houses, wash-houses,  laundries,  tanneries,  offensive  trades,  and  all 
other  manufactories,  works,  and  business  of  every  description  that 
may  endanger  the  public  i^afety,  health,  or  comfort;  and  to  restrict 
the  prosecution  thereof  to  such  fixed  limits  as  may  seem  proper,  or 
exclude  such  works  and  business  from  the  city. 

16.  To  prevent  or  regulate  the  running  at  large  of  any  animals; 
to  establish  a  pound,  and  to  authorize  the  destruction  or  impoundinf; 
of  any  animals  running  at  large,  and  to  appoint  a  poundmaster,  de- 
fining his  term  of  service,  his  powers  and  duties,  and  fix  his  compeii- 
saiion. 

17.  To  provide  for  the  public  printing,  and  to  provide  suitable 
rooms  and  buildings  for  the  Courts,  Boards  and  officers  of  the  city, 
and  such  furniture,  fuel,  lights,  and  stationery  and  other  supplies  of 
any  kind  necessary  for  the  convenient  transaction  of  public  business, 
but  nothing  in  this  subdivision  shall  prevent  action  by  resolution  where 
the  amount  of  expenditure  is  wituin  the  amount  specified  in  the  excep- 
tion clause  of  Section  2". 

18.  To  regulate  the  construction,  repair,  and  use  of  sewers, 
sinks,  gutters,  wells,  cesspools,  and  vaults,  and  to  compel  the  connect- 
ing, cleaning,  or  emptying  of  the  same,  and  to  designate  the  time  and 
manner  in  which  the  work  shall  be  done. 

19.  To  prevent  throwing  into  any  stream,  creek,  or  bay,  or  any 
body  of  water,  from  vessels,  wharves,  or  other  places,  any  dirt,  bal- 
last, ashes,  garbage,  dead  animals,  or  other  raaterials  that  may  obstruct 
the  same  or  pollute  the  waters  thereof. 

20.  To  regulate  or  prohibit  the  use  of  steam,  gasoline,  electric 
and  other  engines,  the  location  of  telegraph  and  telephone  poles  and 
wires,  awnings,  and  hanging  signs,  and  the  construction  of  entrances 
to  cellars  and  basements  from  sidewalks. 


CITY  CHARTER. 


21.  To  establish  hack  stands,  and  regulate  the  rates  and  charges 
of  hacks  and  other  licensed  vehicles. 

22.  To  regulate  the  entrance  to  and  exit  from  theaters,  lecture- 
,.  .  .rooms,  public  halls  and  churches,  and  the  number  and  construction 
^t^  |of   such   entrances   and   exits,   and   to    prohibit  the   placing  of   chairs, 

stools,  benches  or  other  obstacles  in  the  aisles  of  such  buildings. 

-  23.     To  maintain  and  regulate  a  fire  alarm  and  police  telegraph. 

24.  To  regulate  and  control  the  business  of  pawnbrokers,  junk 
dealers,  intelligence  otftces,  and  prescribe  the  mode  of  conducting  the. 
same. 

25.  To  fix  and  determine,  annually,  the  rates  of  compensation,  to 
be  collected  hx  any  person,  company,  or  corporation  in  the  city  for 
the  use  of  water  supplied  to  the  city  or  the  inhabitants  thereof;  to 
fix  and  determine  the  rate  of  com.pensation.  to  be  charged  and  col- 
lected by  any  person,  company,  or  corporation  in  this  city  for  the 
use  of  telephones;  and  determine  the  maximum  rate  of  compensation 
to  be  charged  by  any  pevson,  company,  or  corporation  supplying  gas, 
electric  or  other   illuminating   power   in   this   city;    and   to   prescribe 

1  penalties  for  the   violation  of  all   ordinances   passed   in   reference   to 
(matters  contained  in  this  subdivision. 

.  26.     To   regulate    the    quality,    capacity,    and   location   of   electric 

\jr  wires,  water  and  gas  pipes,  mains,  and  fire-plugs,  and  to  provide  for 
tr  \ijand  regulate  the  construction  and  repair  of  hydrants,  fire-plugs,  cis- 
fi/Jr  terns,  pumps,  and  such  other  appliances  as  may  be  requisite  to  utilize 
'  y,  \  the  distribution  of  water,  electricity  and  gas  in  the  streets,  public 
y     [places,  and  public  buildings. 

127.  To  regiilate  the  speed  and  conduct  of  railway  engines,  and 
to  require  railway  companies  either  to  station  flagmen  or  place  suf- 
ficient warning  signals  and  signal  bells  at  street  crossings. 

28.  To  grant  franchises  permitting  any  company  or  corporation 
to  lay  and  maintain  tracks,  and  to  pass  with  steam  railroads,  operated 
by  steam  or  other  motive  power,  along,  upon,  and  across,  or  elevated 
above  or  placed  below  any  streets  of  the  city;   provided,  that  the  free 

:  use  of  said  streets  shall  not  be  unnecessarily  obstructed  thereby;  and 
such  franchises  shall  be  granted  only  after  notice  published  for  two 
weeks  and  by  ordinance  passed  by  the  votes  of  six  members  of  the 
Council.  Such  grants  shall  be  without  prejudice  to  the  rights  of  the 
owners  of  property  to  compensation  for  damages. 

29.  The  grant  of  a  franchise  shall  be  a  delegation  of  the  right 
to  condemn  private  property  for  public  uses  uix)n  compensation  being 
made  therefor  as  provided  by  law. 

30.  To  grant  the  right  to  construct,  and  to  regulate  and  control  the 
construction  thereof,  to  railroad  corporations,  of  pipes,  tubes,  conduits, 
signal  bells,  warning  signs,  wires,  and  other  electric,  telegraph,  and 
mechanical  appliances,  in,  along,  over,  across,  and  under  the  streets; 
provided  that  said  appliances  be  so  constructed  as  not  to  interfere 
wath  the  free  use  of  the  sidewalks  and  streets. 

31.  To  require  every  railroad  company  to  keep  the  streets  in 
repair  between  the  tracks,  and  along  and  within  the  distance  of  at 
least  two  feet  upon  each  side  of  the  tracks  occupied  by  the  company. 

r  32.     To  determine  fines,  forfeitures,  and  penalties  for  the  violation 

/    of  any  ordinance  or  any  provision  of  this  Charter. 

33.  To  make  all  needful  rules  to  govern  the  ofiicial  conduct  and 
duties  of  all  olficers  of  the  city  whose  duties  are  not  defined  by  this 
Charter,   and   to   fix   and   regulate   ihe   charges   and   fees   of   all   such 


CITY  CHARTER. 


officers,  where  the   fee§  are  not  otherwise  fixed,   and   to  compel  the 
payment  of  all  such  charges  and  fees  into  the  City  Treasury. 

3314.  To  provide  for  the   appointment  of  special   superintendents 
en  work  being  done  under  contract. 

34.  To  grant  franchises  for  the  construction  of  street  railroads  on 
and  along  the  streets  of  the  city;  provided,  that  whenever  application 
is  made  for  such  franchises  the  Council  shall  by  resolution  cause  a 
notice  of  such  application  to  be  published  for  twenty  days,  and  shall 
in  said  notice  specify  the  route  along  which  it  is  proposed  to  construct 
such  road,  and  shall  offer  to  grant  the  franchise  to'  the  persons,  com- 
pany, or  corporation  that  shall  agree  to  pay  to  the  Cfity  of  Stockton 
at  the  expiration  of  five  years  after  said  railroad  is  completed,  and 
Thereafter  semi-annually,  the  largest  per  centum  of  the  gross,  receipts 
of  such  road,  according  to  a  verified  statement  of  the  same;  and,  pro- 
vided further,  that  in  all  grants  of  franchises  for  street  railroads  it 
shall  be  made  a  condition  that  single  fares  on  such  roads  shall  not 
exceed  five  cents,  and  that  only  such  rails  shall  be  laid  down  as  are 
the  most  approved  pattern  for  street  railways  operated  by  horses, 
mules,  cables,  or  other  motors  than  steam.  The  Council  may  reject 
all  bids,  and  may  refuse  to  grant  a  franchise  for  the  proposed  ix>ute; 
and,  in  case  no  bids  are  made,  may,  in  their  discretion,  grant  a  fran- 
chise for  such  a  period  as  may  be  deemed  most  expedient.  Franchises 
for  street  railroads  to  be  operated  by  horses  or  mules  shall  not  exceed 
twentj^-five  years;  provided,  further,  that  all  applications  for  fran- 
chises under  this  section  shall  be  accompanied  by  a  deposit  sufficient 
to  pay  advertisements  and  other  necessary  expenses  to  the  final 
action  of  the  City  Council  on  such  application;  and  such  sum  shall  be 
applied  to  such  purposes. 

35.  To  establish  and  regulate  the  issuing  and  granting  of  munici- 
pal licenses  and  the  collection  of  license  taxes. 

36.  To  establish  a  City  Hospital  and  to  provide  for  its  main- 
tenance. 

37.  To  acquire  lands  for  public  parks,  and  to  improve  and  main- 
tain such  lands  for  the  benefit  of  all  the  inhabitants  of  the  city,  and 
also  to  acquire  lands  for  public  buildings  and  other  public  uses. 

38.  To  provide  water  for  the  uses  of  the  city  and  its  inhabitants, 
and  lay  pii^es  for  the  distribution  of  water. 

39.  To  provide  for  the  execution  of  all  trusts  confided  to  the  city. 

40.  To  offer  rewards,  not  exceeding  $500,  for  the  arrest  and  con- 
viction of  any  pei^cn  or  persons  who  may  have  committed  a  felony  in 
said  city. 

41.  To  provMe  an  urgent  necessity  fund,  not  exceeding  $500  a 
year,  to  be  expended  under  direction  of  the  Mayor. 

42.  To  establish  such  industrial  schools,  houses  of  correction, 
workshops,  homes  for  confirmed  inebriates,  and  such  other  institu- 
tions as  may  be  deemed  proper,  and  to  provide  for  the  support,  main- 
tenance and  managenient  of  the  same. 

43.  To  grant  to  the  charitable  associations  of  the  City  of  Stock- 
ton a  sum  not  to  exceed  $150  per  month. 

44.  To  regulate  the  custody,  leasing,  and  sale  of  all  the  property  of 
the  municipality,  and  such  lost,  stolen,  or  unclaimed  property  as  may 
be  in  the  possession  of  the  police  or  other  officers  of  the  city. 

45.  To  regulate  all  parades  and  processions,  and  to  detemaine 
what  parades  or  processions  upon  the  streets  shall  not  be  lawful,  and 
to  declare  the  same  a  nuisance. 


CITY  CHARTER. 


46.  To  make  all  rules  and  reg-ulations  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Charter  or  by  general  lav.'s  in  said  city. 

47.  To  make  and  enforce  all  such  local,  i^olice,  sanitary,  and  other 
regulations  as  are  not  m  conflict  with  general  laws  and  the  provisions, 
of  this  Charter. 

4S.  To  appropriate  out  of  the  general  fund  of  the  city  a  sum  not 
to  exceed  $1,000  in  any  ore  year  to  be  used  in  public  entertainments 
■and  the  celebrations  of  any  legal  holidays. 

(^     49.     To  provide  for  a   Health   Of^.cer  and  other  sanitary  officers, 
land  prescribe  their  powers  and  duties. 

50.     To  provide  for  the  removal  of  human  remains  from  the  city,. 


I  i^nd  for  the  establishment  of  cemeteries 


I  tai 


51.  To  acquire,  construct,  purchase,  lease,  own,  control,  main- 
tain and  operate  such  public  utilities  and  properties  as  shall  be  deemed 
to  be  for  the  best  interests  of  the  city. 

52.  To  establish,  maintain,  regulate  and  provide  for  the  distribu- 
tion for  the  relief  of  such  exempt  members  of  the  '"Old  Volunteer 
Fire  Department"  of  the  City  of  Stockton  as  shall  have  become  in- 
capacitated in  course  of  duty  in  said  department  or  debilitated  by  age 
or  sickness,  a  fund  to  be  known  as  the  Firemen's  Relief  Fund,  and  to 
so  provide  in  the  tax  levy  as  that  such  levy  shall  yield  each  year  as 
iind  for  such  fund  a  sum  of  not  less  than  $500.   [Amended.] 


EXECUTIVE    DEPARTMENT. 
OF  THE   MAYOR. 

Section  31.  There  shall  be  a  Mayor,  who  shall  be  elected  by  the 
qualified  electors  of  the  city,  at  the  general  municipal  election,  and 
whose  term  of  office  shall  be  two  years,  beginning  at  12  o'clock 
meridian  on  the  first  Tuesday  in  June  next  after  his  election,  and 
whose  salary  shall  be  fixed  by  the  City  Council  at  a  sum  not  to  exceed 
$2,500  per  year.     [Amended.] 

Sec.  32.  He  shall  vigilantly  observe  the  official  conduct  of  all 
public  officers,  and  take  note  of  the  fidelity  and  exactitude,  or  the 
want  thereof,  with  which  they  execute  their  duties  and  obligations, 
especially  in  the  collection,  administration,  and  disbursement  of  the 
public  funds  and  property:  and  the  books,  records,  and  official  papers 
of  all  departments,  boards,  officers,  and  persons  in  the  employ  or 
service  of  the  city,  shall  at  all  times  be  open  to  his  inspection  and 
examination.  He  shall  take  special  care  to  see  that  the  books  and 
records  of  the  said  departments,  boards,  officers,  and  persons  are  kepL 
in  legal  and  proper  form;  and  any  official  defalcation  or  willful  neglect 
•of  duty,  or  official  misconduct  which  he  may  discover,  or  which  shall 
l>e  reported  to  him,  shall  be  laid  by  him  before  the  Council,  City- 
Attorney,  or  District  Attorney,  in  order  that  the  public  interests  shall 
be  protected,  and  the  person  in  default  be  proceeded  against  accord- 
ing to  law.  He  shall,  from  tim.e  to  time,  give  the  Council  infomiation 
in  writing  relative  ;o  the  state  of  the  city,  and  shall  recommend  such 
measures  as  he  may  deem  beneficial  to  its  interests. 

He  shall  see  that  the  laws  of  the  State  and  the  ordinances  of  the 
city  are  observed  and  enforced.  He  shall  appoint  a  competent  person 
f>r  persons,  expert  in  matters  of  bookkeeping  and  accounts,  to  examine 
tlie  books,  records,  condition,  and  affairs  of  every  departm.ent,  board. 
&T  officer,  at  least  once  in  every  year,  and  enforce  such  examination. 
Any  person  refusing  to  submit  to  or  to  permit  such  examination,  or 


10  CITY  CHARTER. 


purposely  delajiTig  or  impeding  the  same,  may  be  suspended  from 
office  by  the  Mayor,  and  removed  for  malfeasance  in  office.  He  shall 
have  a  general  supervision  over  all  the  departments  and  public  insti- 
tutions of  the  city,  and  see  that  they  are  honestly,  economically  and 
lawfully  conducted.  He  shall  take  all  proper  measures  for  the  preser- 
vation of  public  order  and  the  suppres-^ion  of  all  riots  and  tumults,  for 
which  purpose  he  iz  authorized  and  empowered  to  use  and  command 
the  police  force;  and  if  such  police  force  is  insufficient,  it  shall  be  his- 
duty  to  call  upon  the  Governor  for  military  aid,  in  the  manner  pro- 
vided by  law,  in  order  that  such  riots  or  tumults  may  be  properly  and 
effectually  suppressed. 

Sec.  33.  He  shall,  at  least  once  in  every  three  months,  together 
with  others  to  such  duty  in  this  Charter  appointed,  count  the  cash 
in  the  Citj'  Treasury,  and  see  that  it  corresponds  with  the  books  of  the 
Treasurer  and  the  books  of  audit.     [Amended.] 

Sec.  34.  He  shall  see  that  all  contracts  and  agreements  with  the 
city  are  faithfully  kept  and  fully  performed;  and  to  that  end  shall 
cause  legal  proceedings  to  be  commenced  and  prosecuted,  in  the  name 
of  the  city,  against  all  persons  or  corporations  failing  to  fulfill  their 
agreements  or  contracts,  either  in  whole  cr  in  part.  He  shall  have 
•the  general  supervision  of  all  city  officers  elected  or  appointed;  he 
shall  have  power  to  suspend  any  city  officer  for  a  dereliction,  neglect 
or  non-performance  of  duty,  and  shall  report  the  same  to  the  Council. 
If  the  Council  approve  of  the  suspension  they  shall  declare  the  office 
vacant,  or  continue  the  suspension  for  such  time  as  they  may  deem 
proper,  and  such  vacancy  shall  be  filled  by  the  Council.  It  shall  bo 
the  duty  of  every  officer  and  person  in  the  employ  or  service  of  the 
city,  when  it  shall  come  to  his  knowledge  that  any  contract  or  agree- 
ment with  the  city,  or  with  any  officer  or  department  thereof,  or 
relating  to  the  business  of  any  officer,  has  been,  or  is  about  to  be,  vio- 
lated by  the  other  contracting  party,  forthwith  to  report  to  the  Mayor 
all  facts  and  information  within  his  possession  concerning  such  matter, 
"and  a  willful  failure  so  to  do  shall  be  cause  for  the  removal  of  such 
officer  or  employe,  as  in  case  of  malfeasance  in  office.      [Amended.] 

Sec.  35.  The  Mayor  shall  be  the  President  of  the  Council,  but 
shall  have  no  vote,  except  the  casting  vote  in  all  cases  of  tie.  He 
shall  be  the  executive  officer  of  the  city.     [Amended.] 

Sec.  36.  AVhen  and  so  long  as  the  Mayor  is  temporarily  unable 
to  perform  his  official  duties,  the  Vice-President  of  the  Council  shall 
act  as  Mayor  pro  tempore;  and  in  case  of  a  vacancy  in  the  office  of 
.Mayor  the  member  of  the  Council  who  is  Vice-President  of  the  Coun- 
cil when  such  vacancy  arises  shall  become  Mayor  and  remain  such 
until  the  next  general  municipal  election.     [Amended.] 

Sec.  37.  The  Mayor  may,  when  authorized  by  the  Council  so  to 
do,  appoint  a  clerk,  to  be  known  as  Mayor's  Clerk.  The  Mayor  shall 
.perform  all  such  other  duties  as  may  be  prescribed  by  law  or  ordi- 
nance. 

CITY   CLERK. 

Sec.  38.  The  City  Council  shall  proceed  on  the  first  Tuesday  in 
June,  190-5,  and  biennially  thereafter,  to  elect  by  a  majority  vote  of  its 
members,  a  City  Clerk,  whose  term  of  office  shall  be  two  years, 
beginning  at  12  o'clock  meridian  on  the  Monday  next  following  hia 
election,  and  whose  salary-  shall  be  fixed  by  the  City  Council  at  a  sum 
not  to  exceed  $1,800  per  year.  The  duties  of  the  City  Clerk  shall  be  to 
keep  the  corporate  seal  and  all  books,  papers,  records,  bonds,  and 
other  documents  belonging  to  the  city,  the  custody  of  which  is  not  ia 


CITY  CHARTER.  11 


this  Charter  othei-wise  provided  for;  to  attend  all  meetings  of  the 
Council  and  keep  a  journal  of  its  proceedings,  all  its  bj'-laws,  ordi- 
nances, and  resolutions.  He  shall  pieserve  in  a  hook  devoted  exclu- 
sively to  that  purpose  a  neat  and  clear  copy  of  all  ordinances  what- 
soever, and  of  all  resolutions  of  the  City  Council  having  a  genera? 
importance.  He  shall  keep  all  of  his  books  properly  indexed  and 
open  to  public  inspection  when  not  in  actual  use,  and  perform  such 
other  duties  relating  to  his  office  as  the  Council  shall  direct.  Th'? 
purchase  of  all  supplies  and  articles  not  other^vise  provided  for  in. 
this  Charter  shall  be  made  upon  orders  signed  by  the  City  Clerk, 
under  the  direction  of  the  City  Council,  and  issued  on  properly  pre- 
pared blanks.  He  shall  have  power  to  take  affidavits  and  administer 
oaths  in  all  matters  relating  to  the  business  of  the  city,  and  shall  make 
no  charge  therefor.  He  shall  be  ex-officio  License  Collector. 
pAmended.] 

CITY   ASSESSOR. 

Sec.  39.  There  shall  be  a  City  Assessor,  who  shall  be  elected  by 
the  qualified  electors  of  the  city  at  a  general  municipal  election,  and 
whose  term  of  office  shall  be  four  years,  beginning  at  12  o'clock  merid- 
ian on  the  first  Tuesday  in  June  next  after  his  election,  and  whose 
salary  shall  be  fixed  by  the  City  Council  at  a  sum  not  to  exceed  $1,200 
per  year  (exclusive  of  fees,  if  smy,  allowed  by  law).  The  Assessor 
shall  he  ex-officio  Treasurer  and  Tax  Collector.  It  shall  be  the  duty 
of  the  City  Assessor  to  prepare,  between  the  first  Monday  of  January 
and  the  first  Mondaj^  in  April  in  each  year,  and  present  to  the  City 
Clerk,  with  his  certificate  of  its  correctness,  a  list  of  all  the  real  and 
personal  property  within  the  citj^  taxable  for  State  and  county  pur- 
poses, with  a  true  valuation  thereof,  which  said  assessment  list  shall 
conform,  as  near  as  practicable,  when  not  inconsistent  with  the  pro- 
visions  of  this  Charter,  to  the  assessment  list  required  by  law  to  be 
made  by  the  County  Assessor  for  State  and  county  purposes;  to  be 
present  at  the  sessions  of  all  Boards  of  Equalization  mentioned  in  this 
Charter,  and  to  furnish  to  said  Board  such  information  as  may  be 
required,  and  to  perform  such  other  services  in  reference  to  the 
.assessments  of  property  in  the  city,  or  otherwise  appertaining  to  his 
.office,  as  the  City  Council,  by  ordinance  or  resolution,  may  require. 
During  the  session  of  the  Board  of  Equalization  the  City  Assessor 
shall  enter  upon  the  assessment  list  all  the  changes  and  corrections 
made  by  the  Board,  and  may  assess  and  add  to  said  list  any  property 
,in  such  city  not  previously  assessed.  In  the  assessment  and  listing 
of  property  for  taxation,  and  in  the  collection  of  tax  upon  personal 
property  not  secured  by  lien  upon  real  estate,  he  shall  have  and  may 
.exercise  the  same  powers  as  are  confen-ed  by  law  upon  County 
Assessors,  and  shall  receive  therefor  the  same  fees  and  compensation. 
No  change  shall  be  made  in  the  valuation  of  property  fixed  therein 
unless  two  days'  notice  be  given  to  the  taxpayer  or  his  agent. 
[Amended.] 

Sec.  40.  As  Tax  Collector  he  shall  perform  the  duties  in  this 
Charter  and  by  the  general  laws  of  the  State  provided.  As  Treasurer 
he  shall  receive  and  pay  out  all  moneys  belonging  to  the  city,  and 
shall  keep  an  account  of  all  receipts  and  expenditures,  under  such 
rules  and  regulations  as  may  be  prescribed  by  ordinance.  He  shall 
make  a  monthly  statement  to  the  Council  of  the  receipts  and  expen- 
ditures of  the  preceding  m.onth,  and  shall  do  all  things  required  of  him 
■by  law  or  ordinance  of  said  city.  He  shall  not  pay  out  any  moneys 
.belonging  to  the  city,  except  upon  claims  presented,  allowed,  and 
audited  in  the  manner  provided  bj'  law.     [Amended.] 


12  CITY  CHARTER. 


Sec.  41.  An  Auditor  shall  be  elected  at  the  general  municipal 
•election,  whose  l.emi  of  o^ce  shall  be  four  years,  beginning  at  12 
o'clock  meridian  on  the  first  Tuesday  in  June  next  after  his  election, 
and  whose  salary  shall  be  fixed  by  the  City  Council  at  the  time  of 
fixing  other  salaries  at  a  sum  not  exceeding  $1,800  per  yea-r. 
[Amended.] 

Sec.  42.  The  Auditor  shall  number  and  keep  a  record  of  all 
demands  approved  by  the  City  Co-uncil,  or  fixed  by  law  or  ordinance, 
showing  the  date  of  approval,  amount  and  name  of  original  holder,  the 
number,  on  what  account,  and  out  of  what  fund  payable.  It  shall  be 
his  duty  to  be  constantly  acquainted  with  the  exact  condition  of  the 
treasury-.  He  shall,  on  application  of  any  person  indebted  tO'  the  city, 
holding  money  payable  into  the  City  Treasury,  or  desiring  to  pay 
money  therein,  certify  to  the  City  Treasurer  the  amount  thereof,  to 
what  fund  applicable,  and  by  whom  to  be  paid.  He  shall,  upon  the 
written  order  of  the  City  Treasurer  directing  him  to  issue  a  receipt 
for  money  paid  into  the  City  Treasury,  charge  the  City  Tl-easurer 
with  the  amount  received  by  him  and  give  the  person;  paying  the 
same  a  receipt  therefor.  Tt  shall  be  his  duty  to  apportion  among  the 
several  funds  all  public  money  ai,  any  time  in  the  City  Treasury  not 
by  law  or  ordinance  specifically  apiwrtioned  and  appropriated,  and 
forthwith  notify  the  City  Treasurer  of  such  apportionment  or  appro- 
priation. He  shall  countersign  and  deliver  to  the  proper  officer  all 
licenses  and  other  receipts,  charging  them  therewith  and  taking  their 
receipt  therefor.  He  shall,  on  the  first  Monday  of  each  month,  or 
oftener  if  required,  report  in  writing  to  the  City  Council  the  condition 
of  each  fund  in  the  treasury.  He  shall  keep  a  complete  set  of  books 
for  the  city,  in  which  shall  be  set  forth  in  a  plain  and  businesslike 
manner,  eveiT  money  transaction  of  the  city,  so  that  he  can  at  any 
time  tell  tlie  exact  condition  of  the  city's  finances.  He  shall  draw 
and  sign  all  warrants  upon  the  treasury.  Every  demand  must,  before 
it  can  be  paid,  be  verified  by  the  oath  of  the  claimant  or  some  one 
in  his  behalf,  and  be  presented  to  the  Auditor  to  be  approved,  who 
shall  satisfy  himself  whether  the  money  is  legally  due  and  remaini* 
unpaid,  and  whether  the  payment  thereof  from  the  treasury  of  the 
city  is  authorized  by  law,  and  if  so,  out  of  what  fund,  and  that  there 
is  sufficient  money  in  such  fund  with  which  to  pay  the  same.  After 
such  examination  he  shall  approve  or  reject  the  claim,  in  whole  or  in 
part,  and  indorse  on  such  demand  his  approval  or  rejection  over  his 
signature,  together  with  the  date  thereof.  If  it  is  approved,  the  fund 
out  of  which  it  is  to  be  paid  shall  be  designated.  If  the  claim  is 
rejected,  or  any  part  of  it,  unless  the  party  presenting  it  is  willing 
to  take  in  full  of  the  entire  demand  the  sum  offered,  the  Auditor  shall 
return  it,  with  his  reasons  for  rejecting  it,  to  tlie  officer,  board  or 
other  body  which  originally  authorized  it,  then,  if  it  is  allowed  by  a 
majority  vote  of  all  the  members  of  the  board  or  other  body  authoriz- 
ing it,  and  approved  by  the  Mayor,  it  shall  be  audited  in  the  same 
manner  as  if  it  had  not  been  rejected;  provided,  the  said  board  or 
other  body  had  the  authority  to  make  the  expenditure  out  of  which 
the  claim  arose.  No  dem.and  upon  the  City  Treasury  shall  be  consid- 
ered, presented  for  action,  or  acted  upon,  allowed  or  approved,  unless  it 
specifies  en  its  face  each  several  item  composing  it,  and  the  amount 
and  date  thereof.  Every  demand  shall  be  numbered  and  acted  upon 
lay)  the  Auditor  in  the  order  of  its  presentation  to  him,  and  when 
allowed,  either  in  whole  or  in  part,  the  warrant  therefor  shall  be 
numbered  and  entitled  to  payment  out  of  the  fund  on  which  it  is 
drawn  in  the  same  order  as  allowed.     No  demand  upon  the  treasury 


CITY  CHARTER.  VX 


shall  be  allowed,  by  the  Auditor  in  favor  of  any  officer  or  other  person^ 
or  any  of  his  assis^ns,  who  is  in  any  manner  indebted  to  the  city,  with- 
out first  deducting  therefrom  the  am.ount  of  such  indebtedness;  nor 
in  favor  of  any  officer  or  other  person,  or  his  assigns,  having  the  col- 
lection, care,  custody  or  control  of  public  funds,  unless  the  accounts 
of  such  officer  or  other  person  have  been  presented,  passed,  approved, 
and  allowed  as  is  or  may  be  required  bj'  law;  nor  in  favor  of  any  officer 
or  other  person,  or  his  assigns,  who  has  neglected  to  make  any  oath 
required  iDy  law  or  ordinance,  or  other  regulation  of  the  City  Council; 
nor  in  favor  of  any  officer,  or  his  assigns,  who  has  failed,  to  the  knowl- 
edge of  the  Auditor,  to  do  any  duty  imposed  upon  him  by  law  or 
ordinance,  or  other  regulation  of  the  City  Council.  The  Auditor  shall 
have  authority  to  take  aflfidavits  and  administer  oaths  necessary  in  the 
transaction  of  all  city  business,  without  charge,  and  shall  perform  such 
other  duties  as  are  imposed  upon  him  by  law  or  this  Charter.  He  shall 
at  least  once  in  every  three  months,  together  with  others  to  such  duty 
in  this  Charter  -appointed,  count  the  cash  in  the  City  Treasury  and 
see  that  it  corresponds  with  the  books  of  the  Treasurer  and  the  books 
of  audit.     [Amended.] 

Sec.  43.  The  Auditor  shall  have  the  right  to  require  from  the 
different  officers,  boards,  departments  and  committees  all  the  info!'- 
mation  which  they  possess,  and  to  inspect  any  book,  contract,  resolu- 
tion, or  other  paper  or  document  in  the  respective  offices  or  depart- 
ments; and  it  is  herebj^  made  ihe  duty  of  all  such  officers,  boards, 
departments  and  committees  to  furnish  and  permit  the  same  when 
required  by  the  Auditor.     [Amended.] 

Sec.  44.  He  shall  also  have  the  right  to  examine  any  person 
presenting  claims  for  settlement,  or  other  witnesses,  concerning  any 
such  claim.     [Amended.] 

Sec.  45.     [Repealed  and  annulled.] 

Sec.  46.  Not  later  than  fifty  days  next  before  the  date  established 
by  this  Charter  for  ihe  levy  of  city  taxes,  the  several  departments  of 
the  city  government,  through  their  boards  of  control,  and  the  several . 
oflBcers  administering  departments  without  boards  of  control,  shall 
submit  to  the  City  Council  an  annual  report  of  the  receipts  and  dis- 
bursements of  such  office,  department  or  board,  showing  the  amounts 
and  from  what  source  derived,  and  the  expenditures  and  for  what 
purposes  expended,  together  with  itemized  estimates  of  the  amount 
of  money  necessary  to  carry  on  their  several  departments  for  the  next 
succeeding  j^ear.  And  from  the  estimates  thus  submitted,  with  such 
deduction  or  additions  as  it  may  deem  expedient,  the  City  Council 
shall,  not  later  than  thirty  days  next  before  the  date  for  levying  city 
taxes,  complete  an  itemized  estimate,  by  departments,  of  the  total 
amount  of  revenue  necessary  to  carry  on  the  citj^  government  for  the 
next  succeeding  year.     [Amended.] 

Sec.  47.  At  the  end  of  every  fiscal  year  the  Auditor  shall  prepare 
and  lay  before  the  City  Council  an  intelligent  statement  of  the  expen- 
ditures of  the  city  government  during  the  year  for  which  such  report 
is  made,  showing  the  objects  to  which  the  revenue  has  been  devoted, 
and  the  extent  of  repairs  which  have  been  made,  and  the  public 
improvements  which  have  been  effected.  And  it  shall  be  the  duty  of 
the  City  Council  to  cause  such  a  number  of  the  same  to  be  published, 
as  they  shall  declare  by  resolution,  for  gratuitous  distribution  among 
the  inhabitants  of  the  city.     [Amended.] 

Sec.  48.  All  fees  (save  such  as  may  be  part  of  his  legal  com- 
pensation)  and  all  other  moneys  received  or  collected  by  any  officer; 


14  CITY  CHARTER. 


agent  or  employe  of  the  city  shall  be  paid  by  such.  oflBcer, 
agent  or  employe  each  month,  or  as  much  oftener  as  the  Council  may 
require,  into  the  City  Treasury,  for  the  use  of  the  city;  and  no  pay- 
ment of  salary  shall  be  made  to  any  officer,  agent,  or  employe  who 
shall  be  in  receipt  of  money  payable  to  the  city,  until  he  shall  have 
taken  and  filed  with  the  Auditor  his  affidavit  that  he  has  paid  into;  the 
City  TreasuiT  all  such  fees  or  other  moneys  theretofore  received  by 
liim  or  collected.     [Amended.] 

OATH. 

Section  49.  Every  officer  provided  for  in  this  Charter  shall, 
before  entering  upon  the  duties  of  his  office,  take,  subscribe  and  file 
with  the  City  Clerk  the  following  oath :  "I  do  solemnly  swear  (or 
affirm)  that  I  will  suppoit  the  Constitution  of  the  United  States  and 
Constitution  of  the  State  of  California,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of  ( )  to  the  best  of  my  ability."' 

SALARIES  OF  OFFICERS. 

Section  50.  The  compensation  of  officers  and  employes  of  the 
city  shall  be  fixed  by  the  City  Council  at  the  first  regular  meeting  in 
April  next  preceding  the  general  municipal  election;  but  if  in  any  case 
there  be  no  other  applicable  limitation  of  the  amount  which  the  Coun- 
cil may  fix,  the  Council  shall  fix  no  greater  amount  than  the  maximum 
in  the  same  case  prescribed  by  the  former  Section  50,  of  which  this 
is  amendatory.     [Amended.] 

[The  foraier  Section  50  is  as  follows:  "Section  50.  The  compensation 
of  officers  and  employes  of  the  city  shall  be  fixed  by  the  City  Council 
at  the  first  regular  meeting  in  April  next  preceding  the  election  of 
officers  under  this  Charter,  not  to  exceed  per  annum  as  follows: 
Mayor,  $2,500;  Treasurer  and  Tax  Collector,  $500;  Assessor,  $750; 
City  Attomej',  $1,000;  Prosecuting  Attorney,  $500;  City  Clerk,  $1,800; 
Superintendent  of  Streets,  $1,S00;  Chief  of  Police,  $1,500;  Municipal 
Judge,  $1,500;  Chief  of  Fire  Department,  $1,250;  City  Surveyor,  $600; 
policemen,  each,  $900:  members  of  the  Council,  each,  $300;  Clerk  of 
Municipal  Court,  $600;  Harbormaster,  $1,000;  employes  of  the  Fire 
Department,  each,  $900.  Provided,  however,  that  the  salaries  of  the 
officers  and  employes  named  herein,  for  the  first  two  years  after  the 
adoption  of  this  Charter,  shall  be,  per  annum,  as  follows:  Mayor, 
$2,000;  Treasurer  and  Tax  Collector,  $500;  Assessor,  $600;  City 
Attorney,  $S00;  Prosecuting  Attorney,  $500:  City  Clerk,  $1,500;;  Super- 
intendent of  Streets,  $1,500:  Chief  of  Police,  $1,200;  Municipal  Judge, 
$1,200;  Chief  Engineer  of  Fire  Department,  $1,200;  City  Surveyor, 
$300;  policemen,  each,  $900;  members)  of  City  Council,  each,  $250; 
Clerk  of  Municipal  Court,  $600;   Harbormaster,  $1,000."] 

OFFICIAL    BONDS. 

Section  51.  Every  officer  provided  for  by  law  shall,  before  enter- 
ing upon  the  duties  of  his  office,  and  within  ten  days  after  the  mailing 
cr  delivery  to  him  of  his  certificate  of  election  or  appointment,  file 
an  official  bond  in  such  sums  as  the  Council  may,  by  resolution  ap- 
im-ov^d  by  the  Mayor  or  passed  over  his  veto,  direct,  payable  to 
the  city,  which  bond  shall  be  subject  to  the  law  concerning 
official  bonds  of  officers.  All  official  bonds  shall  be  approved  by 
the  Mayor  and  City  Attorney  (except  that  of  Mayor,  which  shall  be 
approved  by  the  Treasurer  and  City  Attorney,  and  also  except 
that  of  City  Attorney.,  which  shall  be  approved  by  the  Mayor 
and  Treasurer),  the  approval  to  be  indorsed  thereon;  and  said  bonds 
shall  be  filed  and  kept  in  the  office  of  the  City  Clerk,  and  must  also 


CITY  CHARTER.  15 


be  recorded  forthwith,  in  the  office  of  the  City  Clerk,  in  a  book  kept 
for  that  purix)se.  The  official  bond  of  the  City  Clerk,  after  recording, 
shall  be  filed  and  kept  in  the  office  of  the  Mayor.  The  City  Council 
may,  at  anj^  time,  require  an  additional  amount  or  new  sureties  upon 
any  official  bond  which  it  may  determine  insufficient;  and  must  require 
an  additional  l)ond  or  new  sureties  whenever  a  surety  thereon  shall 
die  or  become  insolvent,  or  cease  to  be  a  resident  of  the  State.  It 
such  additional  bond  or  additional  security  be  not  given,  the  Council, 
upon  notification  thereof  by  the  Mayor,  must  declare  the  office  vacant; 
and  as  soon  as  such  declaration  is  made  the  office  becomes  vacant. 
No  official  bond  shall  be  approved  unless  the  sureties  thereon  shall 
justify  in  the  manner  provided  for  in  the  Political  Code  for  justifica- 
tion of  the  official  bonds  of  county  officers;  and  all  persons  offered  as 
sureties  on  official  bonds  may  be  personally  examined  on  oath  as  to 
iheir  qualification  by  the  officers  whose  duty  it  is  to  approve  the  bond. 
No  officer  or  employe  of  the  city,  or  member  of  the  Council,  shall  be 
■surety  upon  the  official  bond  of  any  other  officer  of  the  city. 

CITY   ATTORNEY. 

Section  52.  The  City  Council  shall  proceed  on  the  first  Tuesday 
in  June,  1905,  and  biennially  thereafter,  to  elect,  by  a  majority  vote 
t>f  its  own  members,  a  City  Attorney,  whose  term  of  office  shall  be  two 
years,  beginning  at  12  o'clock  meridian  on  the  Monday  next  after  his 
election,  and  whose  salary  shall  be  fixed  by  the  City  Council  at  a  sum 
not  to  exceed  $1,500  per  year.  He  shall  be  an  attorney  and  counselor- 
at-law,  duly  admitted  to  practice  by  the  Supreme  Court  of  the  State, 
^nd  shall  have  actually  been  engaged  in  the  practice  of  his  profession 
for  a  i^eriod  of  at  least  five  years  before  his  appointment.  He  shall 
attend  to  all  suits  and  other  matters  in  which  the  city  may  be  legally 
interested.  He  shall  give  his  advice  or  opinion,  in  writing,  whenever 
required  by  the  Mayor,  City  Council.  Board  of  Education,  Board  of  Fire 
and  Police  Commissioners,  or  any  elected  or  appointed  officer  of  the 
city,  and  do  and  perform  all  such  other  things  touching  his  office  as 
by  the  Council  or  Mayor  may  be  required  of  him.  The  City  Attorney 
shall  draft  and  approve  all  official  or  other  bonds  required  by  thig 
Charter,  or  by  ordinance,  resolution,  motion,  or  order  of  the  City 
Council,  except  his  owq  bond.  His  bond  shall  be  drafted  and  approved 
by  the  Mayor.  He  shall  at  least  once  in  every  three  months,  together 
with  others  to  such  duty  in  this  Charter  appointed,  count  the  cash  in 
the  City  Treasury  and  see  that  it  corresponds  with  the  books  of  the 
Treasurer  and  the  books  of  audit.     [Amended.] 

Sec.  53  The  City  Council  shall  proceed  on  the  first  Tuesday  in 
June,  1905,  and  biennially  thereafter,  ro  elect  by  a  majority  vote  of  its 
members,  a  Prosecuting  Attorney,  whose  term  of  office  shall  be  two 
years,  beginning  at  12  o'clock  meridian  on  the  Monday  next  after  his 
election,  and  whose  salary  shall  be  fixed  by  the  City  Council  at  a  sum 
not  to  exceed  $900  per  year.  It  shall  be  his  duty  to  prosecute  on 
behalf  of  the  people  all  criminal  cases  of  municipal  cognizance,  and  all 
violations  of  city  ordinances  and  resolutions.  He  shall  give  his  advice 
t)r  opinion  whenever  required  by  the  Chief  of  Police.     [Amended.] 

See.  54.  The  City  Council  shall  have  full  power  and  authority  to 
assess,  levy,  and  collect  annually  taxes  upon  all  the  property  within 
the  city  taxable  for  State  purposes  not  exceeding  1%  per  cent  upon 
the  assessed  value  thereof,  which  shall  be  paid  into  the  General  Fund 
for  current  expenses.  They  shall  provide  for  the  payment  of  the  prin- 
•cipai  and  interest  of  the  bonded  indebtedness,  if  any,  of  such  city,  and 


16  CITY  CHARTER. 


for  the  payment,  of  the  other  iridebtedness  of  such  city  not  funded;  and  • 
they  may  each  year  levy,  assess,  and  collect  an  additional  tax  upon  the 
taxable  property  as  aforesaid,  not  exceeding  2  per  cent  in  any  one  year, 
which,   v/hen  collected,  shall  be  paid  into  a  fund  to  be   disbursed  as- 
follows: 

1,     To  pay  the  interest  on  said  bonds. 
.     2.     To  a  fund  for  the  payment  of  the  principal  thereof;  and 

3.  To  meet  any  indebtedness  as  aforesaid  not  funded.  And  the 
City  Council,  in  making  said  levy,  shall  estimate  the  proportion  requi- 
site for  each  fund,  and  the  same  shall  be  expended  under  the  direction 
of  the  City  Council,  for  the  purpose  aforesaid,  and  for  no  other  purpose. 
Said  tax  shall  be  levied,  assessed,  and  collected  upon  all  property  liable 
to  taxation  within  such  portion  and  such  limits,  and  so  much  of  the 
"territory  of  such  city  as  shall  be  liable  therefor  under  the  laws  and 
Charters  in  existence  at  the  time  of  the  organization  of  such  city  under' 
this  Act;  and  if  by  reason  of  extension  of  territory  or  from  any  cause, 
L  portion  only  or  a.  certain  district  of  such  city  be  liable  under  said 
laws  and  Charters  for  the  payment  of  the  bonded  and  other  indebtedess- 
above  named  or  any  portion  of  either  thereof,  the  City  Council  in  levy- 
ing such  tax  shall  make  such  levy  upon  and  against  the  property 
which  is  situated,  and  persons  who  may  reside  in  the  territory  of  such, 
city  liable  in  each  case  for  the  payment  of  such  indebtedness  or  any 
particular  class  or  portion  thereof,  according  to  such  existing  laws  and 
Charters.  The  City  Council  shall  also  have  power  to  raise  annually,, 
by  tax  upon  all  the  property  within  the  city  taxable  for  State  pur- 
poses whatever  amount  of  money  may  be  requisite  for  the  support  of 
free  public  schools  therein,  including  high  schools,  and  providing  and 
furnishing  houses  therefor:  but  the  tax  provided  for  in  this  section 
shall  not  exceed  30  cents  on  each  $100  valuation  upon  the  assessment 
roll  in  any  one  year;  and  shall  in  like  manner  raise  by  tax  a  fund  for 
the  establishment  and  maintenance  of  a  free  public  library  and  reading- 
room,  such  tax  not  to  exceed  in  any  one- year  the  rate  of  10  cents  on. 
each  $100  valuation  and  not  less  than  3  cents  thereon.     [Amended.] 

Sec.  55.     And  it  shall  be  the  duty  of  the  City  Assessor  to  prepare,, 
between  the  said  first  Monday  in  January  and  the  first  Monday  in  April 
following  in  each  year,  and  present  to  the  City  Clerk,  with  his  certiM- 
cate  of  its  correctness,  a  list  of  all   the   real   and  personal   property 
within  the   city  taxable   for   State   and   county  purix)ses,   with   a   truQ 
valuation  thereof,  which   said  assessment  list  shall  conform,  as  near  . 
as  practicable,  when  not  inconsistent  with  the  provisions  of  this  Char- 
ter, to  the  assessment  list  required  by  law  to  be  made  by  the  County 
Assessor  for  State  and  county  purposes;  also,  to  make  all  assessments 
for  the  improvement  of  streets  as  herein  or  by  ordinance  provided;  to. 
be  present  at  the  sessions  of  all  Boards  of  Education  mentioned  in  this.. 
Charter,  and  to  furnish  said  "Board  such  information  as  may  be  required, 
and  to  perform  such  other  services  in  reference  to  the  assessments  of 
property  in  the  city,  or  otherwise   appertaining  to   his  otfice,   as  the 
City   Council,   by   ordinance    or   resolution,   mey   require.     During  the 
session  of  the  Board  of  Equalization  the  City  Assessor  shall  enter  upon . 
the    assessment    list    all    the    changes    and    corrections    made    by    tlie 
Bo'ard  and  may  assess  and  add  to  said  list  any  property  in  such  city 
not  previously  assessed.     In  the  assessment  and  listing  of  property  for 
taxation,  and  in  the  collection  of  tax  upon  personal  property  not  secured 
by  lien  upon  real  estate,   he   shall   have   and   may  exercise  the   same ' 
powers   as   are   conferred  by    law    upon    County   Assessors,   and    shall  ' 
receive  therefor  the  same  fees  and  compensation.     The  taxes  so  levied* 


CITY  CHARTER.  17 


shall  be  a  lien  upon  the  property  assessed,  from  the  first  Monday  in 
January,  at  12  o'clock  m.  Each  taxpayer  shall  be  required  to  make  and 
deliver  to  the  City  Assessor  a  statement,  under  oath,  setting  forth, 
specifically  all  the  real  and  personal  property  owned  by  said  taxpayer, 
or  in  his  possession  or  under  his  control,  at  12  o'clock,  meridian,  on  the 
first  Monday  of  January.     [Amended.] 

Sec.  56.  The  City  Council,  or  a  committee  of  their  number, 
selected  for  that  purpose  by  tlie  City  Council,  at  a  meeting  thereof  to 
be  held  on  the  first  Monday  of  xVpril  of  each  year,  shall  constitute  a 
Board  of  Equalization,  and  shall,  after  the  Assessor  shall  have  com- 
pleted and  handed  in  his  assessment  list  to  the  City  Clerk,  and  after 
five  days'  notice  published  in  some  newspaper  in  such  cityy  hold  meet- 
ings to  hear  and  determine  all  complaints  respecting  the  valuation  of 
property  as  fixed  by  the  Assessor  in  such  list,  and  shall  have  power,  on 
their  own  motion,  with  or  without  complaint  made,  to  modify  or  change 
such  valuation  in  any  way  chey  shall  deem  just  and  proper;  provided, 
however,  that  before  making  any  change  in  any  assessment,  the  Board 
shall  notify  the  person  interested  by  letter  deposited  in  the  Postoffico 
or  express,  postpaid  and  addressed  to  such  person,  at  least  three  day^ 
before  action  taken,  of  the  day  fixed  when  the  matter  will  be  investi- 
gated; provided,  further,  that  no  reduction  must  be  made  in  the  valu- 
ation of  property  unless  the  party  atTected  thereby  or  his  agent,  makes 
and  files  with  the  Board  a  written  application  therefor,  verified  by  his 
oath,  showing  the  facts  upon  wh^'ch  it  is  claimed  such  reduction  should 
be  made.  Any  member  of  said  Board  shall  have  power  to  administer 
oaths  and  affirmations  in  rhe  matter  before  said  Board,  and  the  sessions 
of  said  Board  shr-Jl  be  held  from  time  to  time,  as  in  its  notice  specified, 
for  the  period  of  two  weeks  and  no  longer. 

Sec.  57.  After  the  Board  of  Equalization  shall  have  completed 
their  duties,  the  Auditor  shall  add  up  the  columns  of  valuation  and 
enter  the  total  valuation  of  each  description  of  property  in  the  list, 
and  the  total  value  of  all  property  assessed  and  listed  thereon;  and  thus 
equalized  and  added  up,  the  Auditor  shall,  on  the  first  Monday  of  May 
thereafter,  deliver  it  to  the  City  Council.     [Amended.] 

Sec.  58.  On  the  first  Monday  in  May,  in  every  year,  the  City  Coun- 
cil, by  an  ordinance,  shall  levy  upon  all  the  property  in  the  city  taxable 
by  law  for  State  purposes,  a  tax  for  school  purposes,  and  for  the  current 
and  general  expenses  of  the  citj-,  and,  in  conformity  to  the  provisions  of 
this  Charter,  shall  levy  any  and  all  other  taxes  by  law  directed  then 
to  be  levied  or  assessed;  and,  in  conformity  with  the  provisions  of  this 
Charter,  shall  levy  a  tax  for  the  payment  of  the  funded  debt  upon 
the  property  liable  therefor.  Every  tax  so  levied  is  made  a  lien  -vyhich 
shall  attach  on  said  day  in  each  year  to  and  against  all  real  property 
assessed,  for  the  amount  assessed  against  it;  and  if  said  property  be 
assessed  to  a  wrong  person,  or  by  a  wrong  name,  said  lien  shall  in  nowise 
be  affected  or  invalidated,  and  it  shall  not  be  satisfied  or  removed  until 
the  taxes  are  paid,  or  the  property  has  absolutely  vested  in  a  purchaser, 
under  and  by  reason  of  a  sale,  for  such  taxes.  Every  tax  assessed 
upon  personal  property  is  a  lien  upon  the  real  property  of  the  owner 
thereof,  from  and  after  the  time  of  the  levy  of  such  tax.  The  fiscal  year 
shall  begin  on  the  first  day  of  January,  and  the  terms  "real  and  per- 
sonal property"  shall  have  the  same  meaning  as  the  same  terms  used 
in.  the  revenue 'laws  of  the  State. 

,    Sec.  59.     As   soon   as   the   City  Council   have   declared   and  levied 
the  taxes  in  any  year,  as  in  the  preceding  section  provided,  the  Auditor 


18  CITY  CHARTER. 


shall  carry  out,  in  a  separate  mone^-  column  in  the  list,  the  amount 
of  taxes  assessed  a>gatnst  each  individual,  firm,  company,  corporation, 
or  unknown  owner,  and  add  and  put  down  the  aggregate  of  all  taxes, 
as  shown  by  the  list;  and  as  thus  carried  out  the  Auditor  shall  certify 
to  its  correctness,  and,  on  or  before  the  third  Monday  of  May  there- 
after, deliver  it  to  the  Tax  Collector,  and  shall  charge  him  with  the 
amount  of  taxes  as  footed  up,  and  take  his  receipt  therefor. 
[Amended.] 

Sec.  60.  The  Collector,  on  receiving  the  assessment  list  certified 
by  the  Auditor,  shall  proceed  to  collect  the  taxes  specified  therein,  and 
pay  over  the  same  into  the  treasury,  taking  a  receipt  therefor.  For 
the  purpose  of  collecting  the  taxes  authorized  by  this  Charter,  the  Tax 
Collector  shall  have  such  powers  as  are  given  bj'  the  revenue  laws  of 
this  State  to  collectors  of  State  and  county  taxes,  so  far  as  the  same 
are  applicable.  All  taxes  unpaid  at  the  close  of  the  official  business 
en  the  third  Monday  of  June  shall  be  deemed  delinquent,  and  he  shall 
on  said  day  enter  upon  the  assessment  roll  a  levy  upon  all  property 
therein  assessed,  the  taxes  upon  which  remain  unpaid,  and  shall  imme- 
diately ascertain  the  total  amount  of  taxes  unpaid,  and  file  in  the 
office  of  the  Auditor  a  list  of  r^.U  persons  and  property  then  owing 
taxes,  verified  by  his  oath,  which  list  shall  be  known  as  the  delinquent 
list.     [Amended.] 

Sec.  61.  On  the  third  Monday  in  June  of  each  year,  at  6  o'clock 
p.  m.,  all  unpaid  taxes  are  deliquent,  and  thereafter  the  Collector  must 
collect  thereon,  for  the  use  of  the  city,  an  addition  of  5  per  cent. 

Sec.  62.  On  the  first  Monday  in  July  of  each  year  the  Tax  Col- 
lector must  deliver  to  the  Auditor  a  complete  delinquent  list  of  all 
persons  and  property  then  owing  taxes,  and  in  the  list  so  delivered 
must  be  set  down  in  numerical  or  alphabetical  order  all  matters  and 
things  contained  in  the  assessment  roll  and  relating  to  delinquent 
persons  or  property.     [Amended.] 

Sec.  63.  The  Auditor  must  carefully  compare  such  delinquent  list 
with  the  assessment  roll,  and  if  satisfied  that  it  contains  a  full  and 
true  statement  of  all  taxes  due  and  unpaid,  he  must  foot  up  the  total 
amount  of  taxes  so  remaining  unpaid,  credit  the  Tax  Collector  there- 
with, and  make  a  final  settlement  with  him  of  all  taxes  charged  against 
him  on  the  assessment  roll,  and  must  require  from  him  the  Treasurer's 
receipt  for  the  full  amount  of  taxes  collected.     [Amended.] 

Sec.  64.  After  settlement  with  the  Tax  Collector,  as  prescribed  in 
the  preceding  section,  the  Auditor  must  charge  the  Tax  Collector  with 
the  amount  of  taxes  due  on  the  delinquent  tax  list,  with  the  5  per 
cent  added  thereto,  and  within  five  days  thereafter  deliver  the  list, 
duly  certified,  to  such  Tax  Collector.     [Amended.] 

Sec.  65.  On  or  before  the  third  Monday  in  July  of  each  year  the 
Tax  Collector  must  publish  the  delinquent  list,  which  must  contain 
the  names  of  the  persons  and  a  description  of  property  delinquent, 
and  the  amount  of  taxes  and  costs  due,  opposite  each  name  and  descrip- 
tion, with  the  taxes  due  on  personal  property  added  to  taxes  on  real 
estate  where  the  real  estate  is  liable  therefor  or  the  several  taxes  are 
due  from  the  same  person.  To  said  list  must  be  appended  and  with  it 
published  a  notice  rhat  unless  the  taxes  delinquent,  together  with  the 
cost  and  percentage,  are  paid,  the  real  property  upon  which  such 
taxes  are  a  lien  will  be  sold  at  nublic  auction,  and  designating  therein 
the  time  and  place  of  such  sale,  which  must  take  place  in  or  in  front 
of  the  Tax  Collector's  office,  and  not  less  than  fourteen  nor  more  than 
twenty-one  days  from  the  first  publication. 


CITY  CHARTER.  19 


Sec.  66.  Said  list  must  be  published  three  times  a  week  for  two 
successive  weeks  in  fiome  newspaper  or  supplement  thereto  publishe  i 
in  such  city,  and  when  such  publication  is  completed,  and  before  com- 
mencing the  sale,  the  Tax  Collector  must  file  with  the  City  Clerk  a  copy 
of  the  publication,  wit^h  his  affidavit  attached  thereto,  that  it  is  a  true 
copy  of  the  same,  that  the  publication  was  made  in  a  newspaper  or  a 
supplement  thereto,  stating  the  name  and  place  of  publication;  such 
affidavit  shall  be  prima  facie  evidence  of  all  the  facts  therein  stated. 
The  expense  of  the  publication  of  the  delinquent  list  is  to  be  paid  by 
the  city. 

Sec.  67.  Tl\e  Tax  Collector  must  collect,  in  addition  to  the  taxes 
due  on  the  delinquent  list,  and  5  per  centum  added  thereto,  50  cents  on 
each  lot.  piece,  or  tract  of  land  separately  assessed,  and  on  each  assess- 
ment of  personal  property,  all  of  which  must  go  to  the  city. 

Sec.  68.  On  the  day  fixed  for  the  sale,  or  on  some  subsequent  day 
to  which  he  may  have  postponed  it,  of  which  he  must  give  notice,  the 
Tax  Collector,  between  the  hours  of  10  o'clock  a.  m.  and  3  p.  m.,  must 
commence  the  sale  of  the  property  advertised,  commencing  at  the  head 
of  the  list  and  continuing  alphabetically,  or  in  the  numerical  order  of 
lots  and  blocks,  until  completed. 

Sec.  69.  He  may  postpone  the  day  of  commencing  the  sale,  or  the 
sale,  from  day  to  day,  but  the  sale  must  be  completed  within  two  weeks 
from  the  day  first  fixed. 

Sec.  70.  The  owner  or  person  in  possession  of  any  real  estate 
offered  for  sale  for  taxes  due  thereon,  may  designate,  in  writing  to  the 
Tax  Collector,  prior  to  the  sale,  what  portion  of  the  property  he  wishes 
sold,  if  less  than  the  whole;  but  if  the  owner  or  iKDSsessor  does  not, 
then  the  Collector  may  designate  it,  and  the  person  who  will  take  the 
least  quantity  of  the  land,  or  in  case  an  undivided  interest  is  assessed, 
then  the  smallest  portion  of  the  interest,  and  pay  the  taxes  and  costs 
due,  including  50  cents  to  the  Tax  Collector  for  the  duplicate  certificate 
of  sale,  is  the  purchaser. 

Sec.  71.  After  receiving  the  amount  of  taxes  and  costs,  the  Tax 
Collector  must  take  out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  stating  (when  known)  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
taxes,  giving  the  amount  and  year  of  the  assessment,  and  specifying 
the  time  when  the  purchaser  will  be  entitled  to  a  deed. 

Sec.  72,  The  certificates  must  be  signed  by  the  Collector,  and  one 
copy  delivered  to  the  purchaser.,  and  the  other  filed  in  the  office  of  the 
County  Recorder. 

Sec.  73.  The  Tax  Collector,  before  delivering  any  certificate,  must, 
in  a  book,  enter  a  description  of  the  land  sold,  corresponding  with  the 
description  in  the  certificate,  the  date  of  sale,  purchaser's  name,  and 
amount  paid,  regularlv  number  the  description  on  the  margin  of  the 
book,  and  put  a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  office  hours, 
when  not  in  actual  use. 

Sec.  74.  On  filing  the  certificate  with  the  County  Recorder  the  lien 
of  the  city  vests  in  the  purchaser,  and  is  only  divested  by  the  pajTuent 
to  him,  or  to  the  City  Treasurer  for  his  use,  of  the  purchase  money 
and  25  per  cent  thereon. 

Sec.  75.  A  redemption  of  the  property  sold  may  be  made  by  the 
owner  or  any  party  in  interest  at  any  time  prior  to  the  execution  of  a 
deed  of  conveyance  by  the  Tax  Collector  to  the  purchaser.     [Amended.] 


20  CITY  CHARTER. 


Sec.  76.  On  receiving  the  certificate  of  sale,  the  Recorder  must 
file  it,  and  make  an  entry  in  a  book  similar  to  that  required  by  the 
Collector.  On  the  presentation  of  the  receipt  of  the  person  named  in 
the  certificate,  or  of  the  City  Treasurer,  for  his  use,  of  the  total  amount 
of  redemption  money,  the  Recorder  must  mark  the  word  "Redeemed," 
and  the  date  by  whom  redeemed,  on  the  certificate,  and  in  the  margin 
of  the  book  where  the  entry  of  the  certificate  is  made. 

Sec.  77.  If  the  property  is  not  redeemed  within  the  time  allowed 
by  law  for  its  redemption,  the  Tax  Collector,  or  his  successor  in  office, 
must  make  to  the  purchaser  or  assignee  a  deed  of  the  property,  reciting 
in  the  deed  substantially  the  matters  contained  in  the  certificate,  and 
that  no  person  has  redeemed  the  property  during  the  time  allowed  for 
its  redemption.  The  Collector  shall  be  entitled  to  receive  from  the^ 
purchaser  $3  for  making  such  deed. 

Sec.  78.  The  matterr.  recited  in  the  certificate  of  sale  must  be 
recited  in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is 
prima  facie  evidence  that: 

1.  The  property  was  assessed  as  required  by  law. 

2.  The  property  was  equalized  as  required  by  law. 

3.  The  taxes  were  levied  in  accordance  with  law. 

4.  The  taxes  were  not  paid. 

5.  At  a  proper  time  and  place  the  property  was  sold  as  prescribed 
by  law,  and  by  the  proper  officer. 

6.  The  property  was  not  redeemed. 

7.  The  person  who  executed  the  deed  was  the  proper  officer. 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  personal  prop- 
erty, that  the  real  estate  belonged  to  the  person  liable  to  pay  the  tax. 

Sec.  79.  Such  deed,  duly  acknowledged  or  proved,  is  (except  as 
against  actual  fraud)  conclusive  evidence  of  the  regularity  of  all  other 
proceedings,  from  the  assessment  by  the  Assessor,  inclusive,  up  to  the 
execution  of  the  deed,  and  conveys  to  the  grantee  the  absolute  title  to 
the  lands  described  therein,  free  from  all  incumbrances. 

Sec.  80.  The  assessment  roll  or  delinquent  list,  or  a  copy  thereof, 
certified  by  the  City  Clerk,  showing  unpaid  taxes  against  any  person  or 
property,  is  prima  facie  evidence  of  the  assessment,  the  property 
assessed,  the  delinquency,  the  amount  due  and  unpaid,  and  that  all 
the  forms  of  law  in  relation  to  the  assessment  and  levy  of  such  taxes 
have  been  complied  with. 

EDUCATIONAL  DEPARTMENT. 

Section  81.  The  government  of  the  School  Department  of  the 
city  shall  be  vested  in  a  Board  of  Education,  to  consist  of  five  members, 
to  be  called  School  Directors,  and  who  shall  receive  no  compensation. 
One  School  Director  fromi  each  ward,  and  one  from  the  city  at  large, 
shall  be  elected  by  ihe  qualified  electors  of  the  whole  city,  at  the  regu- 
lar municipal  election,  and  shall  hold  office  for  a  terhi  of  four  years, 
and"  until  their  successors  are  elected  and  qualified.     [Amended.] 

Sec.  82.  The  School  Directors  shall  enter  upon  the  discharge  of 
the  duties  of  their  office  on  the  second  Monday  in  September  after  their 
election,  and  the  Board  shall  m.eet  upon  said  date  and  organize  by 
electing  one  of  their  number  President,  whose  term  of  office  shall  be 
two  years.     The  Board   shall  hold  regular  meetings,  at  least  once  in 


CITY  CHARTER.  21 


each  month,  at  snch  time  a?  shall  be  detemiined  by  its  rules.  Special 
meetings  may  be  called  at  any  time  by  the  President  or  any  two  mem- 
bers of  the  Board.  A  majority  of  the  members  shall  constitute  a 
quonmi  for  the  transaction  of  business,  and  an  affirmative  vote  of  three 
members  shall  be  necessary  to  pass  any  measure.  The  sessions  of  the 
Board  shall  be  public,  and  its  records  open  to  public  inspection.  The 
Board  may  determine  the  rules  of  its  proceedings,  and  the  ayes  and 
noes  shall  be  taken,  when  demanded  by  any  member,  and  entered  on 
the  records  of  the  Board.  Any  vacancy  occurring  in  the  Board  shall  be 
filled,  until  the  next  municipal  election,  by  a  majority  vote  of  the 
remaining  Directors. 

Sec.  83.  The  powers  and  duties  of  the  Board  of  Education  are  as 
follows: 

1.  To  establish  and  maintain  public  schools,  including  high 
schools;  to  change,  consolidate  and  discontinue  the  same. 

2.  To  manage  and  control  the  school  property. 

3.  To  employ,  pay  and  dismiss  teachers,  janitors,  school  census 
marshals,  and  such  persons  as  may  be  necessary  to  carry  into  effect 
the  powers  and  duties  of  the  Board,  and  to  fix,  alter,  allow  and  order 
paid  their  salaries  or  compensation,  and  to  withhold,  for  good  and  suf- 
ficient cause,  thv3  whole  or  any  part  of  the  salary  or  wages  of  any 
person  or  persons  employerl  as  aforesaid;  pro\iaed,  that  no  election  of  a 
teacher  or  other  person  employed  by  the  Board  shall  be  construed  as  a 
contract,  either  as  to  the  duration  of  time  or  amount  of  wages  of  such 
person. 

4.  To  make,  establish  and  enforce  all  neeessarv'  rules  and  regula- 
tions for  the  government  and  progress  of  public  schools,  and  for  the 
investigation  of  charges  against  any  person  in  the  employ  of  the  depart- 
ment, and  to  carry  into  eft'ect  the  laws  relating  to  education. 

5.  To  establish  and  regulate  the  grade  of  schools,  and  determine 
the  course  of  study,  the  mode  of  instruction,  and  what  text-books,  other 
than  those  published  by  the  State,  shall  be  used  in  said  schools:  but 
any  text-book  adopted  by  the  Board  shall  not  be  changed  within  a 
period  of  four  years  after  its  adoption. 

6.  To  provide  for  the  School  Department  all  necessary  supplies, 
and  incur  such  other  incidental  expenses  as  may  be  necessary  for  the, 
welfare  of  the  department. 

7.  To  build,  alter,  repair,  rent  and  provide  schoolhouses,  and  to 
furnish  them  with  proper  school  furniture,  apparatus  and  appliances, 
and  to  insure  any  and  all  school  property. 

8.  To  purchase,  sell,  lease  or  exchange  school  lots;  to  take  charge 
of  any  and  all  real  estate  and  personal  property  that  may  have  been, 
or  that  may  be  hereafter  acquired  for  the  use  and  benefit  of  the  public 
schools  of  the  city,  and  to  make,  in  the  name  of  the  city,  conveyances 
of  all  such  real  estate  belonging  to  the  city  and  sold  by  the  Board  of 
Education;  provided,  that  no  real  estate  shall  be  bought,  sold  or  ex- 
changed without  the  concurrence  of  four-fifths  of  the  members  of  the 
Board  and  the  consent  of  the  City  Council,  evidenced -by  ordinance; 
and,  provided  further,  that  the  proceeds  of  any  such  sale  of  real  estate 
or  personal  property  shall  go  into  the  general  school  fund  of  the  city; 
and  the  City  Council  is  hereby  authorized  a.nd  required  to  make  over  to 
said  Board  of  Education,  upon  an  application  in  writing  by  said  Board, 
through  its  President  and  Secretary,  by  good  and  sufficient  deeds  of 
conveyance,  all  property,  both  real  and  personal,  now  held  by  said 
City  Council  in  trust  for  said  city,  for  the  use  and  benefit  of  said  public 
schools. 


22  CITY  CHARTER. 


9.  To  grade,  fence  and  improve  all  school  lots,  and  in  front  there- 
of; to  grade,  sewer,  plank  or  pave  and  repair  streets,  and  to  construct 
and  repair  sidewalks. 

10.  To  sue  for  any  and  all  lots,  lands  and  property  belonging  to  or 
claimed  by  said  School  Department,  and  to  prosecute  and  defend  all 
action  at  law,  or  m  equity,  necessary  to  recover  and  maintain  the  full 
enjoyment  and  possession  of  said  lots,  land  and  property. 

11.  To  determine  annually  the  amount  of  taxation  for  the  estab- 
lishment of  free  public  schools  therein,  and  for  carrying  into  effect  all 
provisions  of  law  regarding  public  schools;  and  the  amount  so  deter- 
mined by  said  Board  of  Education,  not  exceeding  20  cents  on  the  $100 
of  valuation  on  the  assessment  roll,  shall  be  reported  in  writing  to  the 
City  Council.  This  report  shall  specify  the  proper  items  of  the  amount 
of  money  required  to  pay  all  salaries,  and  all  fixed  and  incidental 
expenses,  including  the  cost  of  erecting  new  buildings  and  of  repairing 
old  ones.  The  City  Council  is  hereby  authorized  and  required  to  levy 
and  cause  to  be  collected,  at  the  time  and  in  the  manner  of  levying  and 
collecting  other  city  taxes,  the  amount  of  taxation  sO'  determined  and 
reported  to  the  City  Council  by  the  Board  of  Education  as  school  tax, 
upon  all  taxable  property  in  the  city,  and  said  tax  shall  be  in  addition 
to  all  other  amounts  levied  for  city  purposes;  provided,  that  if  an 
emergency  shall  arise  when,  in  the  opinion  of  the  Board  of  Education, 
a  greater  tax  than  20  cents  on  the  $100  will  be  required  to  maintain 
the  public  schools,  or  to  repair  old  buildings,  or  to  erect  new  ones,  the 
Board  may  recommend  to  the  City  Council  an  increase  tax  levy  (not 
to  exceed  in  the  aggregate  30  cents  on  the  $100),  and  if  the  City  Coun- 
cil shall  sanction  the  same  it  shall  pass  an  ordinance  so-  fixing  the 
rate  for  that  particular  year. 

12.  To  establish  regulations  for  the  just  and  equal  disbursement 
of  all  moneys  belonging  to  the  public  school  fund. 

13.  To  prohibit  any  child  under  six  years  of  age  from  attending 
public  school. 

14.  To  examine  and  allow,  in  whole  or  in  part,  every  demand 
payable  out  of  the  school  fund,  or  to  reject  any  such  demand,  for  good 
cause,  of  which  the  Board  shall  be  the  sole  judge. 

15.  To  admit  non-resident  children  to  any  of  the  departments  of 
the  schools,  at  their  discretion,  upon  the  payment,  at  such  time  as  the 
Board  may  direct,  of  tuition  fees,  to  be  fixed  by  the  Board. 

16.  To  dispose  of  at  public  or  private  sale  such  personal  property 
as  shall  be  no  longer  required  by  the  department. 

17.  To  exclude  from  the  schools  and  school  libraries  all  books, 
publications  or  papers  of  a  sectarian,  partisan  or  denominational 
character. 

18.  To  furnish  books  for  children  of  parents  unable  to  furnish 
them;  and  all  books  so  furnished  shall  belong  to  the  city,  and  shall  be 
kept  in  the  libraries  of  the  school  when  not  in  use. 

19.  To  use  and  apply  the  school  funds  of  the  city  for  the  purposes 
herein  named,  and  for  no  other  purpose  whatever. 

20.  And,  generally,  to  do  and  perform  such  other  acts  as  may  be 
required  by  general  law  applicable  to  the  city,  and  as  may  be  necessary 
and  proper  to  carry  into  force  and  effect  the  powers  conferred  on  said 
Board,  and  to  increase  the  ef!iciency  of  the  public  schools  in  the  city. 
[Amended.] 

Sec.  84.     [Repealed  and  annulled.] 


CITY  CHARTER.  23 


Sec.  85.  Each  member  of  the  Board  shall  visit  every  school  in  the 
city  at  least  once  in  each  term,  and  examine  carefully  into  its  manage- 
ment, condition  and  wants. 

Sec.  86.  The  President  of  the  Board  of  Education  and  the  City 
Superintendent  shall  have  power  to  administer  oaths  and  afRrmations 
concerning  any  demand  upon  the  treasury,  payable  out  of  the  school 
fund,  or  other  matter  relating  to  their  official  duties. 

Sec.  87.  All  contracts  for  building  shall  be  awarded  to  the  lowest 
bidder  therefor  furnishing  adequate  security,  to  be  determined  by  the 
Board  after  due  public  notice,  published  for  not  less  than  ten  days  in 
one  daily  paper  of  the  city. 

Sec.  SS.     [Repealed  and  annulled.] 

Sec.  89.  The  Board  of  Education,  one  month  after  its  organiza- 
tion, shall  elect  by  ballot  a  City  Superintendent  of  Schools,  whose  term 
of  office  shall  be  two  years,  unless  sooner  removed  for  cause,  by  a 
vote  of  four-fifths  of  the  members,  after  a  full  investigation.  The  Super- 
intendent of  Schools  shall  give  his  time  and  attention  to  the  duties  of 
his  office,  subject  to  the  regulation  of  the  Board  of  Directors.  He  shall 
have  all  the  privileges  of  a  member  of  the  Board,  except  the  right  to 
vote.  He  shall  act  as  Secretary  and  bookkeeper  of  the  Board,  and 
perform  all  clerical  duties  required  by  said  Board.  In  the  absence  of 
the  Superintendent,  the  Board  may  appoint  one  of  its  members  to  act 
as  Secretary. 

Sec.  90.     It  shall  be  the  duty  of  the  School  Superintendent: 

1.  To  report  to  the  Board  of  Education  annually,  and  at  such 
times  as  it  may  require,  all  matters  pertaining  to  the  expenditures, 
Income,  condition  and  progress  of  the  public  schools  of  the  city  during 
the  preceding  year,  Avith  such  recommendations  as  he  may  deem  proper. 

2.  To  visit  each  school  and  thoroughly  examine  each  grade  thereof 
at  least  once  a  month,  and  at  such  other  times  as  the  welfare  and 
effi.ciency  of  the  schools  demand 

3.  To  observe,  and  cause  to  be  observed,  such  general  rules  for 
the  regulation,  government  and  instruction  of  the  schools  as  may  be 
established  by  the  Board. 

4.  The  Superintendent  may,  for  good  and  sufficient  cause,  suspend 
any  teacher  employed  in  the  schools  of  the  city  until  the  next  meeting 
of  the  Board  of  Education. 

5.  To  recommend  to  the  Board,  for  good  cause,  the  dismissal  of 
teachers  and  the  cancellation  of  their  certificates,  stating  the  reason 
therefor. 

6.  To  attend  all  sessions  of  the  Board,  and  give  information  at 
each  session  of  the  condition  of  the  public  schools,  schoolhouses,  school 
fund,  and  other  matters  connected  therewith,  and  recommend  such 
measures  as  he  may  deem  necessary  for  the  advancement  of  education 
in  this  city. 

7.  To  acquaint  himself  with  all  tha  laws,  rules  and  regulations 
governing  the  public  schools  in  the  city,  and  the  judicial  decisions 
thereon,  and  give  advice  upon  matters  connected  with  the  public 
schools,  gratuitously,  to  olficers,  teachers,  pupils  and  their  parents  and 
guardians. 

Sec.  91.  He  shall,  at  the  regular  meeting  in  the  month  of  June 
of  each  year,  submit  to  the  Board  a  detailed  statement  of  the  amount, 
as  near  as  may  be  ascertained,  of  fuel,  blanks,  blank  books,  books  for 


24  CITY  CHARTER. 


indigent  children,  apparatus,  and  such  other  necessary  school  appli- 
ances as  may  he  necessarj'  for  the  use  of  the  city  schools  and  the  Board 
tor  one  year  following. 

Sec.  92.  The  Board  of  Education  shall,  upon  the  receipt  of  the 
statement  from  the  Superintendent,  as  in  the  preceding  section  pro- 
vided, advertise  for  the  space  of  five  successive  days  in  some  daily 
newspaper  published  in  the  city,  for  sealed  bids  for  furnishing  the 
articles  in  said  statement  specified.  Said  advertisement  shall  designate 
a  day,  after  the  expiration  of  the  publication  aforesaid,  when  said  pro- 
posals will  be  considered,  at  which  time  the  Board  shall  meet  and 
publicly  open  and  declare  the  proposals  received,  and  shall  thereupon 
award  the  contract  therefor  to  the  lowest  responsible  bidder,  or  bidders, 
in  each  case-;  provided,  that  any  or  all  bids,  or  any  part  thereof,  may 
be  rejected  if  deemed  too  high:  and  the  Board  shall  thereupon  re- 
advertise  for  the  articles  contained  in  said  rejected  bid,  or  bids,  or 
parts  thereof,  as  provided  above.  The  Board  may,  in  its  discretion, 
require  a  good  and  sufficient  bond,  with  two  or  more  sureties,  to  be  filed 
by  each  bidder,  in  the  sum  of  $200,  conditioned  upon  the  fulfillment  of 
his  proposal  in  case  of  the  acceptance  thereof. 

Sec.  93.  Neither  the  Superintendent  nor  any  Director  shall  be 
interested  in  any  contract  pertaining  in  any  manner  to  the  School 
Department  of  said  city.  All  contracts  in  violation  of  the  provision  of 
this  section  are  declared  void,  and  anj-  Director  or  Superintendent 
violating  or  aiding  in  the  violation  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  $100  or  more  than  $1,000. 

Sec.  94.  The  public  school  fund  of  such  city  shall  consist  of  all 
moneys  received  from  the  State  and  county  school  fund;  of  all  moneys 
f^rising  from  taxes  which  shall  be  levied  by  the  City  Council  for  school 
purposes;  of  all  moneys  arising  from  the  sale,  rent  or  exchange  of  any 
school  property,  and  of  such  other  moneys  as  may  from  any  source 
whatever  be  ])aid  into  said  school  fund;  which  fund  shall  be  kept 
separate  and  distinct  from  all  other  moneys,  and  shall  only  be  used  for 
school  purposes  under  the  provisions  of  this  Charter.  No  fees  or 
commissions  shall  be  allowed  or  paid  for  assessing,  collecting,  keeping, 
or  disbursing  of  school  moneys,  ard  if  at  the  end  of  the  fiscal  year  any 
surplus  remains  in  the  school  fund,  such  surplus  money  shall  be  carried 
forward  to  the  school  fund  of  the  next  fiscal  year,  and  no  part  of  the 
school  fund  shall  be,  for  any  purpose,  or  in  any  manner  whatever, 
diverted  or  withdrawn  from,  such  fund  except  as  in  this  Charter  pro- 
vided. 

Sec.  P5.  All  claims  pavable  out  of  the  school  funds  shall  be  filed 
with  the  Secretary  of  thf^  Board,  ard  shall  be  approved  by  a  majority 
of  all  the  members  elected  to  said  Board,  upon  a  call  of  ayes  and  noes, 
which  shall  be  recorded.  After  claims  have  been  approved,  as  herein 
m.entioned,  the  Secretfiry  of  said- Board  shall  draw  a  warrant  upon  the 
City  Treasurer  for  the  payment  thereof,  which  warrant  shall  be  signed 
by  the  President  and  countersig-ned  by  the  Secretary.  All  demands 
for  salaries  of  teachers  and  comiiensation  of  janitors  shall  be  payable 
monthly,  in  the  same  manner,  without  presentation  of  claims  therefor. 

Sec.  96.  All  demands  authorized  by  this  article,  and  by  the  Board 
approved  as  aforesaid,  shall  be  paid  by  the  City  Treasurer  from  the 
school  fund,  upon  presentation  of  the  warrant  therefor;  provided,  that 
the  Board  of  Education  shall  not  have  power  to  create  any  debts  or 


CITY  CHARTER.  25 


liabilities  in  any  one  year  to  exceed  the  actual  revenue  or  available 
means  in  the  City  Treasury,  under  the  control  of  the  Board,  and  justly 
applicable  for  school  purposes  for  such  year. 

Sec.  .97.     [Repealed  and  annulled.] 

Sec.  98.     [Repealed  and  annulled.] 

Sec.  99.  The  City  Attorney  shall  be  the  attorney  of  the  Board,  but 
the  Board  shall  have  power  to  employ  counsel  to  assist  the  City  Attor- 
n-ey  whenever  the  Board  deems  it  advisable. 

Sec.  100.     [Repealed  and  annulled.] 

Sec.  101.     [Repealed  and  annulled.] 

Sec.  102.  In  case  of  disaster  from  fire,  riot,  earthquake,  or  public 
enemy,  the  Board  of  Education  may,  with  the  approval  of  the  Mayor 
and  Cit}'  Council,  incur  extraordinaiT  expenditures  in  excess  of  the 
annual  limit  provided  by  this  Charter  for  repair,  construction  and 
furnishing  of  schcolhouses;  and  the  City  Council  may,  by  ordinance, 
cause  to  be  transferred  to  the  school  fund,  from  moneys  in  any  other 
fund  not  otherwise  appropriated,  sufiicient  moneys  to  liquidate  such 
-extraordinary  expenditures. 

BOARD    OF    LIBRARY   TRUSTEES. 

Section  103.  The  public  libraries  created  or  existing  in  this  city 
shall  be  managed  and  controlled  by  a  Board  of  Library  Trustees,  con- 
sisting of  five  members,  to  be  elected  by  the  City  Council,  to  serve 
five  years,  from  the  first  da>'  of  July  next  succeeding  the  date  of  their 
election;  provided,  that  the  Council,  at  its  last  regular  meeting  in  June, 
1905,  shall  elect  one  Trustee  to  serve  one  year,  one  to  sei-ve  two  years, 
one  to  serve  three  years,  one  to  serve  four  years  and  one  to  serve  five 
years,  and  at  the  last  regular  meeting  in  June  each  year  thereafter 
the  Council  shall  elect  one  Truster.  Said  Board  of  Library  Trustees 
shall  have  and  possess  such  powers  and  shall  perform  such  duties  as 
are  now  or  may  liereafter  be  prescribed  by  the  statutes  of  the  State  of 
California,  or  by  ordinances  of  the  City  of  Stockton.     [Amended.] 


PARK   COMMISSION. 

Section  103%.  All  tracts,  squares  and  lots  of  land  dedicated  to 
public  use,  donated  to  or  acquired  by  the  City  of  Stockton  for  the 
purposes  of  public  parks  or  commons,  and  all  trees  planted  and  growing 
in  the  public  highways  of  said  city,  or  that  may  hereafter  be  planted 
and  grown  in  said  highways,  shall  be  under  the  supervision,  manage- 
ment, care  and  control  of  a  Board  of  five  members,  who  shall  be  styled 
^'The  Park  Commission." 

1.  The  members  of  the  Park -Commission  shall  be  elected  by  the 
City  Council  to  serve  five  years  from  the  first  day  of  July  next  suc- 
ceeding the  date  of  their  election;  provided,  that  the  Council,  at  its 
last  regular  m^eeting  in  June,  1905,  shall  elect  one  Park  Commissioner 
to  serv^e  one  year,  cne  to  serve  two  years,  one  to  serve  three  years,  one, 
td  serve  four  years  and  one  to  serve  five  years,  and  at  the  last  regular 
meeting  in  Jure  each  year  thereafter  the  Council  shall  elect  one  Park 
Commissioner. 

2.  Members  of  the  Park  Commission  shall  receive  no  compensa- 
tion for  their  services.  They  shaU  receive  no  financial  benefit  from  the 
administration  of  the  Com.mission,  and  no  Commissioner  shall  be  inter- 


26  CITY  CITAllTER. 


ested  in  any  contract  entered  into  by  the  Commission,  or  directly  or 
indirectly  receivo  any  of  the  Park  Commission  funds  for  materials, 
supplies,  or  labor. 

3.  Said  Commissioners  shall  organize  as  a  Board  by  electing  one 
of  the  members  President,  and  the  election  of  a  Secretary,  who  may 
be  a  member  of  the  Commission.  The  President  shall  hold  his  office 
for  one  year  and  until  his  successor  is  elected.  It  shall  require  the 
presence  of  three  members  to  constitute  a  quorum  for  the  transaction 
of  business,  but  a  less  number  may  adiourn  from  time  to  time. 

4.  The  Park  Commission  shall  have  the  full  and  exclusive  power 
to  govern,  manage,  direct  and  regulate  the  public  parks,  squares, 
commons  and  the  trees  on  the  public  streets,  subject  to  the  provisions 
of  this  Charter  and  to  such  ordinances  as  may  be  adopted  by  the 
City  Council,  to  expend  the  moneys  appropriated  by  the  Council  or 
derived  from  r.ny  source,  for  ^he  purpose  of  managing  and  improving 
the  public  grounds  and  planting,  protecting  and  preserving  the  trees 
on  the  public  streets;  to  employ  all  labor  and  let  all  contracts  neces- 
sary^ to  manage,  care  for,  protect  and  improve  said  parks  and  said  trees. 

5.  The  Park  Commission  shall  adopt  rules  and  regulations  for  the 
government  of  the  parks  and  trees  under  its  control,  but  said  rules 
and  regulations  must  be  approved  by  the  City  Council  to  become 
effective. 

6.  The  City  Council  is  hereby  authorized  and  empowered  to  levy 
and  each  year,  in  the  mode  prescribed  by  law  for  the  levy  and  collec- 
tion of  taxes,  a  tox  not  less  than  ?>  cents  upon  each  $100  assessed  valu- 
ation of  taxable  property  within  the  City  of  Stockton  for  the  purpose 
of  preserving,  maintaining  and  improving  the  parks,  grounds  and  treofi 
under  the  control  of  the  Park  Commission.  All  moneys  collected  and 
arising  from  said  tax,  and  from  other  sources  for  said  purposes,  shall 
be  paid  by  the  Tax  Collector  or  other  ofTicer  collecting  the  same  into 
the  treasury  of  said  city,  and  shall  be  deemed  to  be  thereupon  appro- 
priated and  set  apart  for  any  salary  or  expenditure  incurred  in  the 
management,  maintenance^  preservation  and  improvement  of  said 
parks,  grounds  and  trees.     [Amended.] 

[Sections  104,  105,  106,  107,  lOS,  109,  110,  111,  112,  113,  114,  il5, 
116,  117,  118,  119,  120,  121,  122,  123,  124,  125,  126.  127,  128,  129  and  13:> 
repealed  and  annulled.] 

POLICE     AND     FIRE     DEPARTMENTS. 

Section  131.  The  Police  and  Fire  Departments  shall  be  under  the 
management  of  a  Board  of  three  Commissioners  to  be  elected  by  the 
Council  frcm  the  qualified  electors  of  the  city,  but  no  member  of  the 
City  Council  ?hall  be  eligible  to  be  elected  a  member  of  said  Board. 
They  shall  serve  without  compensation,  and  hold  office  for  the  term 
of  three  years;  provided,  that  at  the  first  election  one  Commissioner  be 
elected  tor  a  term  of  ore  year,  and  one  Commissioner  for  a  term  of 
two  years,  and  thereafter  one  Commissioner  annually  at  the  second 
regular  Council  meeting  in  July.  A  ma.iority  vote  of  all  the  members 
of  the  City  Council  shall  be  necessary  to  elect.  Said  Board  shall  be 
known  and  designated  as  the  Board  ot  Police  and  Fire  Commissioners. 
In  case  of  a  vacancy  on  the  Board  by  reason  of  death,  resignation  or 
otherwise,  the  Council  shall  elect  a  Commissioner  for  the  unexpired 
term.     [Amended.] 

Sec.  132.  The  Commissioners  shall  annually,  on  the  third  Monday 
of  August,  organize  as  a  Board  by  electing  one  of  their  number  Presi- 
dent, and  a  Secretary,  who  shall  not  be  a  member  of  the  Board.     The 


CITY  CHARTER.  27 


Board  shall  establish  rules  and  regulations  governing  its  proceedings 
and  for  the  regulation  and  conduct  of  its  officers,  clerks  and  employes; 
and  may  require  bonds  from  its  subordinates  for  the  faithful  perform- 
ance of  their  duties.     [Amended.] 

Sec.  133.  The  Board  shall  hold  regular  meetings  at  least  once 
a  month,  and  special  meetings  at  such  other  times  as  it  may  appoint. 
or  of  which  the  President  may  give  notice.  The  regular  meetings  shall 
be  held  on  a  day  and  at  an  hour  fixed  by  resolution  entered  upon  the 
records  of  the  Board.,  and  which  shall  not  be  changed  except  by  similar 
resolution,  of  which  notice  shall  be  posted  for  two  weeks  in  the  office 
of  the  Board.  The  meetings  of  the  Board  shall  be  public.  Two  mem- 
bers shall  constitute  a  quorum,  and  the  affiiTuative  votes  of  two  mem- 
bers shall  be  necessary  to  pass  any  order  or  resolution.  No  business 
shall  be  transacted  at  a  special  or  adjourned  meeting  of  the  Board 
except  such  as  may  have  been  made  the  special  order  of  business  for 
such  meeting,  or  such  as  may  have  been  under  consideration  at  the 
meeting  from  which  the  adjournment  was  had. 

Sec.  134.  The  Secretary  of  the  Board  shall  keep  a  record  of  its 
transactions,  specifying  therein  the  names  of  the  Commissioners  pres- 
ent at  the  m^eetings,  and  giving  the  ayes  and  noes  upon  all  votes.  Every 
order  or  resolution  shall  be  recorded  at  length,  and  the  record  shall 
be  approved  by  the  Board.  The  Secretary  shall  cause  the  publication 
of  all  notices  herein  authorized  to  be  published  or  which  the  Board 
shall  order  to  be  published,  and  shall  perform  such  other  duties  as  the 
Board  may  from  time  to  time  prescribe. 

Sec.  135.  The  officers,  members  and  employes  of  the  Police  and 
Fire  Departments  shall  be  appointed  by  the  Board,  but  no  appoint- 
ment or  removal  shall  be  made  for  political  purposes,  nor  shall  any 
removal  be  made  except  for  cause  established  to  the  satisfaction  of  the 
Board,  after  due  investigation  and  trial,  as  herein  provided.  The 
salaries  of  officers,  clerks  and  employes  of  the  Board  shall  be  fivp  ^ 
from  time  to  time  by  the  City  Council,  in  its  discretion  or  recommen- 
dation of  the  Board,  but  the  salary  of  the  Chief  of  Police  shall  not 
exceed  $1,800  per  year;  that  of  the  Chief  of  the  Fire  Department  shall 
not  exceed  $1,800  per  year;  that  of  the  policemen  shall  not  exceed 
$1,200  per  year,  and  that  of  an  employe  in  the  Fire  Department  shall 
not  exceed  $1,200  per  j-ear.     [Amended.] 

Sec.  136.     The  Board  shall  have  power: 

1.  To  prescribe  The  qualifications,  duties,  badges  of  office,  and 
unifcnns  of  officers,  members  and  employes  of  said  departments. 

2.  To  prescribe  rules  and  regulations  for  the  government  and 
discipline  of  the  same,  and  prescribe  and  enforce  penalties  for  their 
violation. 

3.  To  hear  and  determine  all  complaints  of  misconduct,  inef- 
ficiency, violation  of  the  rules  and  regulations,  or  other  charge  against 
any  officer,  member  or  employe  of  said  departments,  and  to  take  such 
action  thereon  as  shall  be  most  conducive  to  the  maintenance,  disci- 
pline and  efficiency  of  said  departments. 

4.  To  appoint  and  to  remove  at  their  discretion  special  policemen, 
who  shall  be  under  the  supervision  and  control  of  the  Chief  of  Police; 
provided,  however,  that  the  compensation  of  said  special  policemen 
shall  in  no  event  be  chargeable  to  the  city,  unless  appointed  by  auihor- 
ity  of  the  City  Council. 

5.  To  make  all  necessary  rules  and  regulations  to  carry-  into  exe- 
cution  the    foregoing    powers,    and    all    other    powers    vested   in    said 


IS  CITY  CHARTER. 


Board  by  this  Charter,  or  by  any  ordinance  of  tlie  City  Council  passed 
pursuant  tliereto,  or  by  the  Constitution  and  laws  of  this  State;  and 
in  general  to  mar  age  and  control  said  departments. 

Sec.  137.  The  Board  shall  have  the  custody  and  control  of  the 
houses,  engines,  hose-cart?.,  trucks,  ladders,  horses,  stables  and  all 
ether  property  and  equipments  now  or  hereafter  used  by  or  belonging 
to  said  departments. 

Sec.  138.  The  Board  shall  annually  report  to  the  City  Council! 
an  estimate  of  the  am-ount  of  money  that  will  be  required  to  pay  all 
salaries  and  expenses  of  the  Police  Department  and  of  the  Fire  Depart- 
ment for  the  ensuing  year,  specifying  in  detail  the  proper  items  for 
which  the  same  will  be  required.     [Amended.] 

Sec.  139.  The  Board  shall  make  full  monthly  reports  to  the  City 
Council  of  its  acts  and  expenditures,  and  also  of  the  condition  of  said 
departments. 

Sec.  140.  Every  claim  against  the  Police  Department  or  the  Fire 
Department  shall  be  verified  by  the  claimant  and  approved  by  the 
Board  ir  open  session,  which  approval  shall  be  entered  in  the  records 
of  the  Board.  No  such  claim  shall  be  allowed  or  ordered  paid  by  the 
City  Council  until  the  same  has  been  approved  by  said  Board,  and  has 
indorsed  thereon  such  approval,  authenticated  by  the  signatures  of  the 
President  and  Secretary  of  the  Board. 

Sec.  141.  The  Board  shall  determire  and  report  to  the  City  Coun- 
cil as  to  the  necessity  of  constructing  cisterns  and  erecting  hydrants  in 
particular  localities,  the  necessity  for  additional  houses,  apparatus, 
material,  supplies,  engines,  horses,  hooks  and  ladders,  and  also  as  to 
alterations  and  repairs  required;  but  the  action  of  the  Board  with 
lespect  to  the  necessity  of  these  matters  shall  be  only  advisory  to  the 
City  Council,  and  none  of  the  matters  and  things  in  this  section 
onumerated  shall  be  done  or  provided  until  the  same  shall  have  been 
authorized  by  the  City  Council.  All  contracts  let  and  work  ordered 
lor  said  departments  shall  be  let  and  ordered  by  the  Board;  and  the 
Board  shall  see  that  the  same  are  faithfully  carried  out  and  per- 
iormed;  provided,  however,  that  the  Board  shall  have  power  to  make 
repairs  upon  engines  and  other  property  in  their  custody  and  under 
their  cortrol  when  the  necessity  for  such  repairs  is  urgent,  and  the 
cost  thereof  does  not  exceed  the  sum  of  $250. 

Sec.  142.  First — The  Police  Department  shall  consist  of  a  Chief  of 
Police  and  such  captains,  detectives,  and  ether  policemeD,  not  exceed- 
ing in  the  aggregate  one  to  every  1,000  inhabitants  of  the  city. 

Second — The  Board  may,  with  the  consent  of  the  City  Council, 
evidenced  by  ordiDanco,  add  to  the  above  numbers,  from  time  to  time, 
should  the  increase  of  population  and  public  interest  so  require. 

Third — The  Fire  Department  shall  consist  of  a  Chief  Etugineer  and 
as  many  drivers,  engineers,  hosem.en  and  other  employes  as  the  City 
Council  may  by  ordinance  authorize  on  recommendation  of  the  Board. 

Sec.  143.  Any  officer,  member  or  employe  of  the  Police  or  Fire 
Department,  guilty  of  any  legal  offense,  inefficiency,  neglect  of  duty, 
a,bsence  without  leave,  breach  of  discipline,  disobedience  of  orders, 
violation  of  rules  or  any  conduct  injurious  to  public  peace  or  welfare, 
or  detrimental  to  the  department  of  which  he  may  be  an  officer, 
member  or  employe,  shall  be  liable  to  be  punished  by  reprimand, 
lorfeit  of  pay  for  a  specified  time,  suspension  or  dismissal  from  the 
department  of  which  he  may  be  an  officer,  member,  or  employe;  but 
•not  more  than  thirty  days'  pay  shall  be  forfeited  for  any  one  offense. 


CITY  CHARTER.  29 


All  moneys  so  forfeited  shall  be  paid  into  a  fund  to  be  established 
and  maintained,  under  such  re^ilations  as  the  Board  may  adopt,  for 
the  benefit  of  the  sick  and  disabled  members,  and  the  families  of 
deceased  members,  of  the  department  of  which  the  offender  may  be 
an  officer,  member  or  employe.  The  Board  shall  annually  render  to 
the  City  Council  a  verified  itemized  account  of  all  moneys  so  received 
and  disbursed  during  the  preceding  year.     [Amended.] 

Sec.  144.  In  all  investigations  or  trials  conducted  by  said  Board, 
the  President  thereof  phall  have  the  power  to  issue  subpenas  for  and 
to  compel  the  attendance  of  witnesses  and  the  production  of  papers 
before  it.  Such  subpenas  shall  be  served  by  any  policeman.  Any 
member  of  the  Board  may  administer  oaths  and  affirmations  in  the 
conduct  of  said  investigations. 

Sec.  145.  The  policemen  constituting  the  police  force  and  the 
drivers,  engineers,  hosemen  and  other  employes  constituting  the 
w^orking  force  of  the  Fire  Department  at  the  time  when  this  Charter 
siiall  be  submitted  to  the  vote  of  the  people,  shall  be  retained  in  their 
several  positions,  unless  rem.oved  for  cause,  as  provided  herein. 
[Amended.] 

DEPARTMENT  OF  STREETS  AND   WHARVES. 

Section  146.  The  Department  of  Streets  and  Wharves  shall  be 
under  the  control  of  the  City  Council.     [Amended.] 

Sec.  147.  The  Department  of  Streets  and  Wharves  shall  embrace 
the  control  of  the  water-front  and  whan^es;  of  the  streets,  sidewalks, 
bridges  and  public  thoroughfares;  of  the  public  grounds;  of  the  sewer 
system,  drainage  and  sewers;  of  water  courses  and  channels  within 
the  city;  of  the  lighting  of  streets  and  public  buildings,  and  of  everj'- 
tliing  of  a  public  nature  pertaining  to  said  subjects,  or  to  either  of 
them.     [Amended.] 

Sec.  148.  All  public  w^ork  in  said  department  and  all  materials 
and  supplies  to  be  furnished  for  public  use  shall  be  ordered  and  fur- 
nished by  the  City  Council  under  written  contract,  except  as  here- 
inafter provided.  Before  awarding  any  contract  for  doing  any  of 
such  W'ork  or  furnishing  any  of  such  materials  or  supplies)  for  the 
city,  the  Council  shall  cause  notice  to  be  ix)sted  conspicuously  on  or 
near  the  Council  Chamber  door  for  ten  days  and  published  not  lesi 
than  five  days  in  a  daily  newspaper  published  in  the  city,  inviting 
sealed  proposals  for  the  said  work  or  materials  or  supplies;  provided, 
however,  that  if  the  cost  of  said  work  or  materials  or  supplies  is  less 
than  $600,  notice  inviting  sealed  proposals  for  said  work  or  matenal 
or  supplies  may  be  given  by  posting  notices  for  six  days  conspicuously 
in  front  of  the  Council  chamber  door  and  the  Superintendent  of 
Streets'  office,  and  in  one  other  public  place  to  be  designated  by  the 
City  Council;  and  provided  further,  that  if  the  cost  of  any  sucii 
work,  material  or  supplies  is  less  than  $100,  the  contract  for  the  same 
may  be  written  or  otherwise,  and  may  be  let  without  advertising  for 
sealed  proposals;  but  no  piece  of  repair  w^ork,  or  improvement,  or  bill 
of  materials  or  supplies,  or  labor,  or  materials  and  labor  on  any  piece 
of  repair  work  or  improvement,  shall  under  any  circumstances  bo 
subdivided  for  the  purpose  of  bringing  the  cost  within  the  limits  here- 
tofore in  this  section  provided,  and  any  claims  so  subdivided  shall  not 
constitute  a  legal  charge  against  the  city;  and  provided  further,  that 
should  the  city  be  in  great  and  immediate  danger  from  any  cause,  or 


:S0  CITY  CHARTER. 


the  public  safety  so  require,  the  Council  may,  in  its  discretion,  contract 
for  such  work  as  may  be  necessary  to  avoid  such  danger,  without  said 
notices,  posting  or  publication, 

1.  Said  notice  o"  advertisement  and  notice  shall  invite  sealed 
proposals,  to  be  delivered  up  to  a  certain  day  and  hour,  at  the  office 
of  the  City  Clerk  of  the  City  Council,  for  furnishing  the  supplies  and 
materials  and  for  work  to  be  done,  the  materials  for  the  proposed 
work,  or  for  doing  said  work,  or  both,  as  may  be  deemed  best  by  the 
City  Council,  and  shall  contain  a  general  description  of  the  work  to 
be  done,  the  materials  or  supplies  to  be  furnished,  the  time  within 
which  the  work  is  to  be  commenced  and  when  to  be  completed,  and 
the  amount  of  bonds  to  bo  given  for  the  faithful  performance  of  the 
contract,  and  shall  refer  to  plans  and  specifications  on  file  in  the  office 
of  the  Clerk  of  the  City  Council  for  full  detail  and  description  of 
said  work  and  materials.  .\il  pioposals  offered  shall  be  accompanied 
by  a  check,  certified  by  a  responsible  bank,  payable  to  the  order  of 
tlie  City  Clerk,  or  by  coin  of  the  United  States,  for  an  amount  not 
iess  than  10  per  cent  of  the  aggregate  of  the  proposal,  and  no  pro- 
posal shall  be  considered  unless  accompanied  by  such  check  or  coin. 

2.  The  City  Council  shall,  in  open  session,  open,  examine  and 
publicly  declare  all  bids,  and  an  abstract  of  each  bid  shall  be  recorded 
in  the  minutes  of  the  City  Council  by  the  Clerk.  The  City  Council 
shall  thereupon,  or  at  such  other  time  as  the  City  Council  may 
adjourn  to,  award  the  contract  to  the  lowest  bidder,  except  as  other- 
wise herein  provided;  and  said  Council  may  re.iect  any  and  all  bids 
and  may  reject  the  bid  of  any  party  who  has  been  delinquent  or  un- 
faithful in  any  former  contract  with  the  city,  and  all  bids  other  than 
the  lowest  regular  bid;  and  on  accepting  said  lowest  bid,  shall  there- 
upon return  to  the  proper  parties  the  checks  or  coin  corresponding 
to  the  bids  rejected.  The  check  accompanying  the  accepted  bid  shall 
be  held  by  the  Clerk  of  the  City  Council  until  the  contract  for  doing 
the  said  work,  or  furnishing  said  materials  or  supplies,  as  hereinafter 
provided,  has  been  entered  into,  whereupon  said  certified  check  or 
coin  shall  be  returned  to  said  bidder.  If  said  bidder  fail  or  refuse  for 
ten  days  after  the  award  to  enter  into  the  contract  to  do  said  work  or 
furnish  said  materials  or  supplies  as  herein  provided,  then  the  said 
certified  check  or  coin  accompanying  his  bid  and  the  amount  therein 
mentioned,  shall  be  forfeited  to  the  city  and  shall  be  collected  and 
paid  into  the  street  contingent  fund. 

3.  All  contracts  shall  be'  drawn  under  the  supeiwision  of  the 
City  Attorney,  and  shall  contain  detailed  specifications  of  the  work  to 
be  done,  the  manner  in  which  it  shall  be  executed,  and  the 
quality  of  the  materials  to  be  used,  or  the  quality  and  quantity 
of  the  materials  or  supplies  to  be  furnished.  No  change  or 
modifications  in  the  plans  or  specifications,  or  quantity  or  quality  of 
the  materials  or  supplies  to  be  furnished,  shall  be  made  after  pro- 
lX)sals  for  doing  the  work  or  furnishing  said  materials  or  supplies' 
have  been  called  for,  except  by  a  vote  of  six  members  of  the  City 
Council.  All  contracts  shall  be  signed  in  duplicate,,  one  of  which, 
with  specifications  and  drawings,  if  any,  of  the  work  to  be  done,  and 
the  materials  to  be  furnished,  shall  be  filed  with  the  City  Council, 
ynd  the  other  shall  be  delivered  to  the  contractor.  At  the  same 
time  with  the  execution  of  said  contract,  said  contractor  shall  execute 
to  said  city,  and  deliver  to  the  Clerk  of  the  City  Council,  a  bond  in 
the  sum  named  in  the  notice  for  proposals,  with  two  or  more  suf- 
ficient sureties,  to  be  approved  by  the  Mayor,  or  sTiall  deposit  with 
the   City   Clerk   a   certified    check   upon   some   solvent   bank   for   said 


CTTY  CHARTER.  31 


amount,  for  the  laithful  performance  of  said  contract.  The  qualifica- 
tions of  such  sureties  shail  be  the  same  as  of  sureties  upon  the  official 
bonds  of  county  officers.  The  contract  shall  specify-  the  time  within 
which  the  work  shall  be  completed,  or  materials  furnished,  and  when 
to  be  completed,  or  during  what  time  or  when  the  supplies  shall  be 
furnished,  as  specified  in  the  notice  inviting  proposals  therefor.  The 
City  Council  may  extend  said  time,  but  in  no  event  for  more  than 
ninety  days  beyord  the  time  origin alh'  fixed  for  its  completion, 
except  by  consent  of  seven  members  of  the  City  Council.  In  case  of 
failure  on  the  part  of  the  contractor  to  complete  his  contract  within 
the  time  fixed  in  the  contract,  or  within  such  extension  of  said  time 
as  is  herein  provided,  his  contract  shall  be  void,  and  the  Citj-  Council 
shall  not  pay  or  allov,-  to  him  any  compensation  for  any  work  done 
or  supplies  furnished  by  him  under  said  contract  beyond  such  sum  as, 
in  the  judgment  of  the  Cit\  Council,  the  work  done  or  materials  fur- 
nished are  actually  worth  to  the  city,  less  the  detriment  suffered  by 
the  city  by  such  loss  of  time  in  the  completion  of  the  same.  The 
Mayor  shall  be,  and  is  hereby  constituted,  the  proper  officer  to 
execute  on  behalf  of  the  citv  all  contracts  entered  into  in  the  Depart- 
ment of  Streets  and  "Wharves.     [Amended.] 

Sec.  149.     [Repealed  and  annulled.] 

Sec.  150.  All  supplies  and  articles  for  said  department  shall  be 
obtained  upon  orders  signed  by  the  Superintendent  of  Streets,  imder 
the  direction  of  the  City  Council,  and  issued  on  properly  prepared 
blanks.  These  orders  must  be  made  in  duplicate,  and  duly  numbered, 
with  the  words  "To  be  returned  with  the  bill  of  articles  or  supplies 
named  in  this  order,"  plainly  printed  thereon;  one  to  be  retained  on 
file  in  the  Superintendent  of  Streets'  office,  one  to  be  returned  with  the 
bill  of  the  merchant  or  dealer  who  has  filled  the  same,  to  the  City 
Clerk,  and  so  submitted  to  the  City  Council,  and  it  shall  be  the  duty 
of  the  Superintendent  of  Streets  to  see  that  such  supplies  and  articles 
are  actually  delivered  to  the  city,  and  that  the  prices  charged  are 
not  in  excess  of  the  current  market  prices,  quantity  and  quality  con- 
:sidered.     [Amended.] 

Sec.  151.  All  claims  for  daily  labor  in  said  department,  other 
than  those  for  labor  performed  under  contracts,  shall  be  paid  weekly. 
Said  claims  shall  be  made  on  properly  prepared  blanks,  certified  to 
and  signed  by  the  claimant,  and  certified  as  correct  by  the  Superinten- 
<lent  of  Streets  and  the  Mayor.  Thereuiwn  the  Auditor  shall  draw  hi3 
warrant  for  the  amount  and  charge  the  same  to  the  proper  account. 
The  Superintendent  of  Streets  shall  file  with  the  City  Clerk  a  weekly 
re]X)rt  to  the  City  Council,  showing  the  names  of  such  claimants,  the 
nature  of  then*  services  performed  and  the  amount  of  each  claim. 
[Amended.] 

Sec.  152.     [Repealed  and  annulled.] 

Sec.  153.     [Repealed  and  annulled.] 


CITY    ENGINEER. 

Section  154.  The  City  Council  shall  proceed  on  the  first  Tuesday 
in  June,  19n5.  and  biennially  thereafter,  to  elect  by  a  majority  vote  of 
its  members,  a  City  Engineer,  whose  term  of  office  shall  be  two  years, 
beginning  at  12  o'clock  meridian  on  the  Monday  next  after  his  elec- 
tion, and  whose  salary  shall  be  fixed  by  the  City  Council  at  a  sum  not 
to  exceed  $600  per  year,  but  this  limitation  shall  not  prevent  him 
Ironi  having  for  any  work  whatever  such  fees  as  are  or  may  be  allowed 


32  CITY  CHARTER. 


by  statute  or  ordinance.  The  City  Engineer  shall  perform  the  duties, 
prescribed  by  this  Charter,  and  do  such  other  work  pertaining  to  his- 
profession  as  he  may  be  directed  to  do  by  the  City  Council  or  that 
may  be  required  by  the  general  laws  of  the  State  of  California.  He 
shall  have  had  at  least  four  years'  practical  experience  as  a  civil  en- 
gineer. He  shall  have  the  same  power  in  the  City  of  Stockton  in 
making  surveys,  plats  and  certificates  as  is  or  may  be  from  time  to 
time  given  by  law  to  County  Surveyors  of  the  State  of  California,  and 
his  official  acts  and  ell  plats,  surveys  and  certificates  made  by  him 
shall  have  the  same  validity  and  be  of  the  same  force  and  effect 
as  are  or  may  be  given  by  law  tc  those  of  the  said  County  Surveyors. 

It  shall  be  the  duty  of  the  City  Engineer: 

1.  To  attend  all  regular  meetings  of  the  City  Council  and  advise 
the  Council  on  all  engineering  questions  pertaining  to  the  prosecu- 
tion of  all  work  in  the  Department  of  Public  Works. 

2.  To  examine  and  report,  when  requested  by  the  City  Council  so 
to  do,  upon  any  proposed  improvement,  repair  or  change  in  the  public 
works  of  the  city. 

3.  To  perform  all  civil  engineering  and  surveying  necessary  in. 
the  prosecution  of  such  public  wdrk;  to  prepare  all  plans  and  speci- 
fications and  in  a  general  way  supervise  their  execution,  and  shall 
report  to  the  City  Council,  in  writing,  all  deviations  from  the  terms 
of  contracts  during  or  after  the  fulfillment  of  any  contract;  to  certify 
to  the  progress  and  completion  of  all  such  public  work,  improvement, 
change  or  repair,  and  to  perform  such  other  engineering  work  as 
may  be  required  of  him  by  the  Mayor  and  City  Council. 

4.  To  keep  a  fair  and  complete  record  of  all  surveys  made  by 
him,  systematically  arranged  and  indexed  so  as  to  be  easily  available, 
[Amended.] 

SUPERINTENDENT    OF    STREETS. 

Section  154 1^.  There  shall  be  a  Superintendent  of  Streets,  who 
shall  be  elected  by  the  qualified  electors  of  the  city  at  the  general 
municipal  election,  and  whose  term,  of  office  shall  be  two  years, 
beginning  at  12  o'clock  meridian  on  the  first  Tuesday  in  June  next 
after  his  election,  and  whose  salary  shall  be  fixed  by  the  City  Council 
at  a  sum  not  to  exceed  $1,800  per  year.     [Amended.] 

Sec.  155.     The  Superintendent  of  Streets  shall  perform  the  duties, 
prescribed   by   this   Charter,   and   by   the   laws   of   the    State   of   Cali- 
fornia, and  such  other  duties  as  may  be  prescribed  by  law  and  the 
Mayor  and   City  Council.     His  term  of  office  shall  be  two  years.     It 
shall  be  the  duty  of  the  Superintendent  of  Streets: 

1.  To  have  the  general  care  and  supervision  of  all  public  streets, 
sewers,  levees  and  wharves  under  such  regulations  and  directions 
as  the  Mayor  and  City  Council  may  prescribe. 

2.  To  keep  himself  informed  of  the  condition  of  all  matters 
relating  to  the  Department  of  Streets  and  Wharves,  and  also  of  the 
lots  and  grounds  belonging  to  the  city  and  not  under  the  jurisdiction 
of  other  departments,  and  report  the  necessities  of  the  same  to  the 
City  Council  at  each  regular  meeting. 

3.  To  attend  all  regular  meetings  of  the  City  Council. 

4.  To    superintend    the    cleaning   of    sewers;    the    sprinkling    and.. 
cleaning  of  all  accepted  streets;   to  superintend  all  necessary  repairs 
of    public    streets,    levees,    wharves    and    sewers    not    let   by    contract 
and  ordered   done  by  the  Mayer  and  City  Council,  and  to  make  ani. 


CITY  CHARTER.  33 


siiperintend  such  other  ^^opairs  of  streets,  levees,  wharves  and  sewers  • 
that   are   in   their   nature   an    immediate   necessity   to   prevent   injury 
to    the    public     or    to    city    property,    the    cost    of    which    does    not 
exceed  $50. 

5.  To  have  the  charge  and  control  of  the  corporation  yard, 
sewage  pumping  station  and  all  personal  property  belonging  to  the 
Department  of  Streets  and  Wharves,  under  such  directions  and  regu- 
lations as  the  Mayor  and  City  Council  may  prescribe. 

6.  To  remove  all  imauthorized  obstructions  on  the  streets, 
wharv^es  and  levees,  and  to  cause  the  arrest  of  all  persons  violating 
the  laws  and  ordinances  relating  to  said  department. 

7.  When  so  directed  by  the  City  Council,  to  superintend  in  detail 
the  prosecution  of  any  work  in  said  department  being  done  tmder 
contract. 

8.  To  perform  such  other  services  relating  to  the  Department  of 
Streets  and  Wharves  as  may  be  made  his  duty  by  law  or  ordinance. 

9.  To  keep  a  set  of  books  in  which  shall  be  separate  accounts 
for  bridges,  wharves,  crosswalks,  culverts,  public  squares,  improve- 
ments, miscellaneous  work  (and  if  there  be  other  items  in  number 
and  amount  to  justify  it,  separate  accounts  for  these  also).  Each 
bridge,  section  of  wharf,  crosswalk,  etc.,  shall  be  so  designated  as  to 
be  readily  distinguished.  The  various  items  shall  be  summarized  and 
posted  in  an  intelligent  manner  and  the  books  always  open  for  refer- 
ence and  inspection. 

10.  The  Superintendent  of  Streets  shall  have  charge  of  sewers, 
(•rains,  etc.  He  shall  have  authority  to  enter  private  grounds  and 
dwellings  and  other  buildings  for  the  purpose  of  ascertaining  the 
condition  of  all  sewer??,  drains,  cesspools  and  vaults,  and  finding  any 
nuisance  or  infringem.ent  of  any  ordinance  governing  such  matters, 
he  shall  proceed  at  once  to  abate  the  nuisance,  or  to  enforce  the 
ordinance.     [Amended.] 

Sec.  156.  The  Supeilntendent  of  Streets  shall  have  full  control 
of  all  employes  in  the  Department  of  Streets  and  Whai^es  (except 
those  under  the  jurisdiction  of  the  Park  Commissioners  and  those 
working  under  contract).  The  number  to  be  employed  from  time  to 
time  shall  be  agreed  upon  by  the  City  Council.  The  Superintendent 
of  Streets  may  employ  whom  he  chooses,  and  may  discharge,  suspend, 
or  replace  at  pleasure;  he  shall  keep  a  time-book  with  said  employes, 
and  shall  turn  the  same  into  the  City  Clerk's  office  on  the  evening  of 
every  working  day.  He  may,  v/ith  the  consent  of  the  City  Council, 
and  at  such  rate  of  pay  as  they  shall  affix,  appoint  a  deputy  to  assist 
him  in  the  discharge  of  his  duties.  He  shall  give  bonds,  with  two 
or  more  sufficient  sureties,  for  the  faithful  performance  of  his  duties. 
[Amended.] 

Sec.  157.     [Repealed  and  annulled.] 

Sec.  158.  The  Superintendent  of  Streets  shall  be  ex-officio 
Harbormaster,  but  shall  draw  no  salary  as  Harbormaster;  he  shall 
keep  a  set  of  books  in  which  shall  appear  an  itemized  account  of  all 
receipts,  showing  the  source  from  which  each  amount  is  derived.  On 
the  first  Monday  of  each  month  he  shall  make  to  the  City  Council 
a  detailed  statement  of  such  receipts  for  the  preceding  month,  certi- 
fying to  the  same,  and  attaching  thereto  the  City  Treasurer's  receipt 
for  the  full  corresponding  amount.     [Amended.] 

Sec.  159.  The  Harbormaster  shall  give  prompt'  notice  to  the  City 
Council  of  any  defect  or  weakness,  or  any  needed  repairs  in  or  about 


CITY  CHARTER. 


the  wharves  and  water-front.  Any  damage  to  the  wharves,  or  buildings, 
or  material  thereon  belonging  to  the  city,  caused  by  any  steamer  or 
©ther  water  craft,  shall  be  assessed  or  collected  at  once,  or  the  vessel 
causing  such  damage  shall  be  detained  by  the  Harbormaster  by  due 
process  of  law.     [Amended.] 

Sec.  160.     [Repealed  and  annulled] 

Sec.  161.  The  City  Council  shall  have  authority  to  fix  and  to- 
ehange  at  its  pleasure  the  rates  of  wharf  rent,  harbor  dues,  wharfage, 
dockage,  and  such  other  taxes  or  charges  as  shall  be  imposed  for 
the  use  of  the  wharves,  or  upon  vessels,  or  their  owners  or  masters, 
or  upon,  merchandise  entering  or  departing  from  any  waterway 
within  the  corporate  limits  of  the  city.  All  revenue  derived  from  the 
several  sources  mentioned  in  this  section  shall  constitute  a  separate 
fund,  and  shall  be  devoted  exclusively  to  the  dredging  of  channels, 
the  building  and  repairing  of  wharves  and  bulkheads,  and  generally 
to  the  improvement  of  the  wharves,  levees  and  water-front. 

Sec.  162.  All  harbor  dues  from  vessels  shall  be  collected  upon 
their  registered  tonnage,  and  shall  be  deemed  to  be  due  and  collecti- 
ble i^pon  the  arrival  of  an}^  steamer  or  other  vessel  at  a  wharf  within 
the  city.  And  no  vessel  shall  occupj^  the  water-front  or  any  wha'*f 
for  more  than  six  consecutive  days  without  the  consent  of  the  Harbor- 
ma. ster,  and  without  the  payment  of  the  charges  established  by 
ordinance  of  the  City  Council.  All  other  dues  or  charges,  of  what- 
soever kind,  and  whether  against  a  vessel,  or  the  owner  or  master 
thereof,  or  against  the  merchandise  or  cargo  of  such  vessel,  shall 
be  deemed  to  be  due  and  collectible  Avhen  the  vessel  enters  or  clears, 
as  the  case  may  be.     [Amended.] 

Sec.  163.  No  person,  corporation  or  company  shall  erect  or 
maintain  any  building  upon  any  wharf  without  the  consent  of  the 
City  Council,  evidenced  by  ordinance.  And  any  ordinance  granting 
such  privilege  may  be  repealed  at  the  pleasure  of  the  City  Council, 
and  such  repeal  shall  not  have  the  effect  to  create  any  right  of  action 
for  damages  against  the  city.  And  upon  the  repeal  of  any  such 
ordinance  the  City  Council  may  order  the  removal  of  any  such  build- 
ing or  structure  within  a  definite  time,  to  be  specified  in  the  repealing 
ordinance,  and  if  the  owner  or  person  or  persons  in  control  of  th^i 
same  shall  neglect  or  refuse  to  remove  it  within  the  specified  time, 
then  the  Harbormaster  shall  remove  the  same.      [Amended.] 

Sec.  164.  For  the  purpose  of  providing  for  permanent  water- 
front im])rovements  4  per  cent  "of  the  revenue  actually  collected  for 
general  purposes  shall  be  set  aside  and  applied  to  the  construction 
of  permanent  wharf  along  the  channels  fronting  on  public  streets 
and  levees  within  the  corporate  limits  of  the  city.     [Amended.] 

[Sections  165,  166,  167,  168,  169,  170,  171,  172,  173,  174,  175,  176, 
177,  178,  179,  180,  ISl.  182,  183,  184,  ISo,  186,  187.  188,  189,  190,  191,  192, 
193,  194,  195,  196,  197,  108,  199  and  200  are  repealed  and  annulled.] 


MISCELLANEOUS    PROVISIONS. 

Section  201.  Unless  otherwise  provided  in  this  Charter,  all  con- 
tracts for  work,  or  supplies  of  any  kind,  for  more  than  $600,  shall 
be  let  to  the  lowest  bidder  after  notice  given  by  posting  the  same  for 
ten  days,  and  by  publishing  the  same  for  five  days,  and  all  sales  or 
leases  of  property  b.elonging  to  the  city  shall  be  by  public  auction  to 
the  highest  bidder,  upon  such  terms  and  conditions  as  the  City  Coun- 
cil may  by  ordinance  direct,  and  after  like  notice  given.     [Amended.] 


CITY  CHARTER.  35 


Sec.  202.  No  grant  of  any  franchise  by  the  City  Council  shall 
have  any  validity  or  effect  unless  the  wording  of  the  same  is  in 
specific  term?  and  not  in  general  terms,  nor  unless  the  person  or  per- 
,<5ons  to  whom  the  same  is  made  shall  within  six  months  thereafter, 
actually  and  in  good  faith,  and  not  colorably,  commence  the  exercise 
or  enjoyment  of  the  same,  there  being  no  legal  impediment  thereto. 
When  any  franchise  shall  have  been  in  disuse,  in  whole  or  in  part,  for 
the  period  of  one  year,  there  being  no  legal  impediment  to  the  use 
thereof,  it  shall  be  deemed  abandoned  and  forfeited  to  the  extent  of 
such  disuse,  and  the  said  franchise,  or  that  part  thereof  so  in  disuse, 
shall  no  longer  be  exercised  or  enjoyed;  provided,  that  the  disuse  of 
any  portion  of  the  franchise,  unless  permission  be  before  obtained 
of  the  City  Council,  shall  be  deemed  a  forfeiture  of  the  whole. 
^Amended.] 

Sec.  203.  Whenever  within  the  corporate  limits  of  the  city  two 
or  more  railroads,  operated  by  steam  power,  cross  each  other  on  the 
same  grade  or  level,  the  corporations  operating  the  roads  shall, 
within  four  months  after  the  adoption  of  this  Charter,  or  in  case  of 
roads  now  being  or  hereafter  to  be  constructed,  within  four  months 
after  completion  of  crossings  as  above  described,  cause  the  erection 
and  operation  of  a  complete  interlocking  safety  switch  and  signal 
system,  which  said  signal  system  shall  be  so  constructed  as  to  prevent 
collisions  at  such  crossings  between  cars  or  train  of  cars,  or  lo<io- 
motive  engines  running  on  the  different  roads.  Failure,  neglect,  or 
refusal  to  conform  to  the  requirements  of  this  section  shall  subject 
each  corporation  to  a  penalty  of  $50  for  each  and  every  day  during 
which  such  failure,  neglect  or  refusal  shall  continue. 

Sec.  205.  No  member  of  the  City  Council,  and  no  officer  of  or 
employe  of  the  city  shall  be  or  become  directly  or  indirectly  inter- 
ested in  or  with  the  performance  of  any  contract,  work  or  business, 
or  in  the  sale  of  any  article,  the  expense,  price  or  consideration  of 
which  is  payable  from  the  City  Treasury,  or  in  the  purchase  or  lease 
of  any  real  estate  or  property  belonging  to  or  taken  by  the  city,  or 
which  shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal 
process  at  the  suit  of  the  city.  Any  member  of  the  City  Council, 
officer  or  employe  of  this  city  violating  the  provisions  of  this  section, 
or  who  shall  be  directly  or  indirectly  interested  in  any  franchise, 
right  or  privilege  granted  by  the  city  while  he  is  such  member, 
officer  or  employe,  unless  the  same  shall  devolve  upon  him  by  law, 
shall  forfeit  his  office  and  be  forever  disqualified  from  holding  any 
position  in  the  service  of  the  city;  and  all  contracts  made,  or  right  of 
franchise  granted  in  violation  of  this  section,  shall'  be  absolutely  vpid. 

Sec.  206.  No  officer  or  employe  of  the  city  shall  give  or  promise 
to  give  to  any  other  person  any  portion  of  his  compensation,  or  any 
money  or  thing  of  value,  or  any  position,  in  consideration  of  having 
been  or  being  nominated,  appointed,  ^oted  for,  or  elected  to  any  office 
or  emplovment  under  the  city.  Any  person  violating  the  provisions  of 
this  section  shall  forteit  his  office  and  employment  under  the  city, 
and  be  forever  disqualified  from  holding  any  position  in  the  service  of 
the  city. 

Sec.  207.  Any  officer  of  the  city  who  shall,  while  in  office,  accept 
any  donation  or  gratuity  in  money  or  anything  of  value,  either  directly 
or  indirectly,  from  any  subordinate  or  employe,  or  from  any  candi- 
date or  applicant  for  any  position  under  him,  shall  forfeit  his  office  and 
be  forever  disqualified  from  holding  any  position  in  the  service  of 
Ihe  city. 


36'  CITY  CHARTER. 


Sec.  208.  All  books  and  records  of  every  office  and  department 
shall  be  open  to  tJie  inspection  of  any  citizen  at  any  time  during' 
business  hours.  Copies  or  extracts  from  such  books  and  records, 
duly  certified,  shall  be  given  by  the  officer  having  the  same  in  custody 
to  any  person  demanding  the  same,  upon  paying  or  tendering  10 
cents  per  folio  of  100  words. 

Sec.  209(.  E'xcept  as  otherwise  provided  for  by  law  or  this. 
Charter,  all  public  offices  shall  be  kept  open  for  business  every  day 
(except  legal  holidays)  from  9  o'clock  in  the  forenoon  until  5  o'clock 
in  the  afternoon;  and  in  addition  thereto,  for  two  weeks  before  taxes. 
become  delinquent  in  each  year,  the  office  of  Tax  Collector  shall  be 
kept  open  until  9  o'clock  in  the  evening. 

Sec.  210.  Whenever  the  City  Council  shall  adjudge  it  necessary 
for  the  city  to  take  or  damage  private  property  for  public  uses,  the 
City  Council  may  direct  proceedings  to  be  taken  by  the  City  Attorney 
under  title  7,  pait  3,  of  the  Code  of  Civil  Procedure,  to  condemn  the 
same. 

Sec.  211.  No  office  shall  be  created,  nor  shall  any  person  be 
employed  in  any  capacity,  nor  shall  any  officer,  clerk  or  employe 
receive  any  salary  or  compensation  for  any  service  of  any  kind  unless: 
the  same  is  specially  authorized  by  law  or  this  Charter;  provided, 
however,  that  when  any  officer  or  board  shall  require  adiditional 
employes,  application  shall  be  made  to  the  City  Council  to  authorize 
the  appointment  of  such  additional  employes  and  thereupon  the  City 
Council  may,  in  its  discretion,  authorize  such  appointment  and  provide 
for  the  compensation  of  such  appointees. 

Siecv  212.  Whenever  power  is  given  in  this  Charter  to  call 
special  meetings  of  the  City  Council,  Board  of  Elducation,  or  any 
Board,  the  notice  therefor  shall  be  in  writing,  and  shall  specify  the 
object  of  the  meeting.  The  notice  shall  be  served  on  each  member 
personally,  or  by  mail  ad<lressed  to  his  place  of  residence;  if  by  mail, 
notice  shall  be  deposited  in  the  Postoffice  of  tlie  city  at  least  twenty- 
four-  hours  before  the  time  of  meeting.  At  such  special  meeting  no. 
subject  shall  be  considered  except  that  specified  in  the  notice. 

Sec.  213.  Whenever  this  Charter  provides  for  the  posting  of 
notices,  such  notices  shall  be  posted  in  three  public  places,  to  be 
designated  by  the  City  CoomciL     [Amended.] 

Sec.  214.  Whenever  a  provision  is  made  in  this  Charter  wherein 
publication  is  required,  such  publication  shall)  be  made  in  a  news- 
paper of  genera!  circulation,  printed  and  published  in  the  City  of 
Stockton,  except  as  other-wise  provided. 

Sec.  215.     [Repealed   and  annulled.] 

Sec.  216.  All  officers  mentioned  in  this  Charter,  elected  or 
appointed,  must,  at  the  time  of  their  election  or  appointment,  have 
been  a  citizen  of  the  United  States,  and  a  resident  and  qualified  elector 
of  the  city  for  two  years  next  preceding  their  election  or  appointment. 

Sec.  217.  All  officers,  deputies,  clerks,  assistants  and  other 
employes  of  the  city,  and  of  the  several  departments  thereof,  must 
be  citizens  of  the  Unite'd  States,  and  during  their  respective  terms  of 
office  or  employment  mui^t  reside  in  the  city,  and  have  been  residents, 
of  the   city  one   year   next   preceding   their   election   or   appointment. 


CITY  CHARTER.  37 


They,  and  each  of  them,  shall  perform  such  duties  as  may  be  required 
of  them  respectively  by  law,  ordinance  or  this  Charter,  and  shall  only 
receive  such  compensation  as  may  have  been  previously  provided, 
and  such  compensation  shall  not  be  increased  or  diminished  during 
the  term  of  their  respective  offices  or  emplojinent. 

Sec.  218.  If  any  officer  of  the  city  shall  remove  from  the  city 
or  absent  himself  therefrom  for  more  than  thirty  days  consecutively 
without  the  permission  of  the  City  Council,  or  shall  fail  to  qualify 
by  taking  the  oath  of  office  and  filing  his  official  bond,  whenever  such 
official  bond  is  required,  within  ten  days  from  the  time  his  certificate 
of  election  or  appointment  is  mailed  or  delivered  to  him,  or  shall 
resi^.  or  be  convicted  of  felony,  or  be  adjudged  insane,  his  office 
shall  be  vacant  and  the  vacancy  filled  as  herein  provided.  The  City 
Council,  assembled  for  the  purpose,  shall  have  the  power  to  appoint 
suitable  persons  to  fill  vacancies  in  any  office,  except  as  in  this  Char- 
ter provided.  The  appointee  shall  hold  for  the  unexpired  term  and 
until  the  election  or  appointment  and  qualification  of  his  successor. 
A  member  of  the  Council,  during  the  term  for  which  he  shall  have  been 
elected  or  appointed,  shall  be  ineli^ble  to  fill  any  such  vacancy, 
except  in  the  office  of  Mayor.     |. Amended.! 

Sec.  219.  Unless  otherwise  provided  by  law  or  this  Charter,  any 
officer,  board  or  department  authorized  to  appoint  any  deputy,  clerk, 
assistant  or  employe,  shall  have  the  right  to  remove  any  person  so 
appointed. 

Sec.  220.  All  appointments  of  offi.cers,  deputies  and  clerks  to  be 
made  under  any  pro\ision  of  this  Charter  must  be  made  in  writing  and 
m  duplicate,  authenticated  by  the  person  or  persons,  board  or  officer 
making  the  same.  One  of  said  duplicates  must  be  filed  with  the  City 
Clerk  and  the  other  with  the  Mayor. 

Sec.  221.  All  franchises  and  privileges  heretofore  granted  by 
the  city,  which  are  not  in  actual  use  or  enjo^Tuent.  or  which  the 
grantees  thereof  have  not  in  good  faith  commenced  to  exercise,  are 
hereby  declared  forfeited  and  of  no  validity  unless  said  grantees,  or 
their  assigns,  shall,  within  six  months  after  this  Charter  takes  effect, 
in  good  faith,  commence  the  exercise  and  enjoyment  of  such  privilege 
or  franchise. 

Sec.  222.  Competent  and  experienced  employes  in  the  several 
departments  shall  not  be  unnecessarily  removed. 

Sec.  223.  All  ordinances  and  resolutions  of  the  city  in  force  at 
the  time  this  Charter  takes  effect,  and  not  inconsistent  therewith, 
shall  continue  in  force  until  amended  or  repealed,  and  all  officers  of 
The  city  in  office  when  this  Charter  takes  effect  shall  continue  to  hold 
and  exercise  their  respective  offices  under  and  in  accordance  with  the 
terms  and  provisions  of  this  Charter  until  the  election  or  appoint- 
ment and  qualification  of  their  successors,  provided  for  herein. 

Sec.  224.  The  City  Council  of  the  present  City  of  Stockton  shall 
provide  for  the  holding  of  the  first  election  of  officers  under  this 
Charter,  and  shall  canvass  the  votes  and  declare  the  result. 

Sec,  225.  The  provisions  of  this  Charter  are  mandatory  and 
prohibitory,  unless  by  express  words  they  are  declared  to  be  otherwise. 

[NOTE. — All  the  foregoing  sections  designated  Amended  are 
those  ratified  by  the  electors  on  the  19th  day  of  May,  1903,  and 
approved  by  the  Legislature  on  the  24th  day  of  January,  1905.] 


ORDINANCES. 


ORGANIZATION  AND  OFFICERS. 


ORDINANCE    No.    1. 

Relating    to   the    Duties   and    Powers   of   Certain    Officers. 

(Being  originally   No.   .322,   approved   March  24,   1891.) 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stocliton,  as 
follows: 

MAYOR,    SUPERINTENDENT    OF    STREETS,    CHIEF    OF    POLICE 

AND  BOARDS. 

Section  1.  Whenever  a  permit  from  the  Mayor,  Superintendent 
of  Streets,  Chief  of  Police.  Board  or  member  thereof,  is  required  to 
he  had  before  an  act  or  omission  may  be  lawful,  such  officer  or  Board 
shall,  in  the  absence  of  other  directory  provisions,  grant  or  withhold 
such  pei-mit  as  in  the  opinion  of  such  officer  or  Board,  justice  and 
good  government  may  in  the  particular  case  demand. 

CITY  CLERK. 
Sec.  2.  The  City  Clerk  shall  be  ex-officio  City  Auditor,  and  as 
such  perform  the  duties  mentioned  in  Section  29  of  the  Charter,  and  all 
r.uditing  not  otherwise  provided  for.  The  City  Clerk  shall  preserve 
in  a  book  devoted  exclusively  to  that  purpose  a  neat  and  clear  copy 
of  all  ordinances  whatsoever,  and  of  all  resolutions  of  the  City  Coun- 
cil having  a  general  importance, 

CITY   ATTORNEY. 

Sec.  3.  The  City  Attorney  shall,  uix)n  the  request  of  the  Com- 
mittee on  Ordinances  of  the  City  Council,  prepare  and  supervise  the 
final  draft  of  all  ordinances  of  which  a  rough  draft  or  data  therefor 
in  writing  shall  be  to  him  furnished  by  said  committee.  He  shall  also, 
upon  the  request  of  the  Mayor,  prepare  one  draft  or  copy  of  any 
contract  to  which  the  city  is  a  party  and  of  which  the  execution  is 
controlled  directly  by  the  City  Council  without  the  agency  of  any 
executive  board,  department  or  officer;  provided,  that  a  rough  draft  or 
the  data  therefor  in  writing  be  to  him  furnished. 

HARBORMASTER. 

Sec.  4.  The  Harbormaster  shall  have  a  supei-visory  control  over 
the  wharves  and  landings  within  said  city,  and  shall  keep  an  open  and 
free  passage  to  each  thereof,  both  by  land  and  water,  and  may,  when 
he  shall  deem  the  same  advisable,  direct  and  cause  any  steamer, 
sailing  vessel  or  other  water  craft  to  change  its  place  or  position, 
and  may  have  such  change  made  at  the  expense  of  the  owner  or 
owners,  or  the  master  or  person  in  charge  of  any  such  steamer,  vessel 
or  water  craft  not  immediately  removed  in  accordance  with  his  order, 
after  notice  thereof  has  been  given  by  him  to  the  master  or  other 
person  in  charge  thereof.  He  shall  also  prescribe  the  time,  not  to 
exceed  six  days,  that  shall  be  allowed  to  vessels  to  load  or  discharge 
cargoes  at  the  wharves  and  landings  of  said  city. 


40  ORDINANCES. 


Sec.  5.  The  Harbormaster  shall  keep  the  wharves  and  landings 
in  said  city  at  all  times  free  from  obstructions,  and  shall  have  full 
power,  to  this  end,  to  direct  and  cause  the  removal  of  all  goods, 
wares  and  merchandise,  lumber,  coal,  and  all  other  articles,  things 
and  property  of  whatsoever  nature  or  kind  which  may  obstruct  or 
render  inconvenient  the  passage  to  any  such  wharf  or  landing;  and 
after  any  such  article  or  property  shall  have  remained  on  any  such 
wharf  or  landing  so  as  to  obstruct  any  part  thereof  or  to  render  the 
passage  thereto  or  thereover  inconvenient,  for  the  space  of  forty-eight 
hours,  he  shall,  by  written  notice,  direct  and.  notify  the  owner  or  con- 
signee of  the  said  property  to  forthwith  remove  the  same;  and,  in  casa 
the  owner  or  consignee  be  to  him  unknown,  or  he  be  unable  to  find 
either  of  them,  within  said  city,  he  shall  post  a  notice  in  a  conspicu- 
ous place  on  such  articles  or  property,  directing  their  removal,  and 
in  either  case  the  Harbormaster  shall,  in  the  event  that  said  articles 
be  not  removed  within  twenty-four  hours  from  the  service  of  posting 

•  of  notice  as  aforesaid,  have  the  same  forthwith  removed  and  stored 
or  deposited  for  and  at  the  risk  and  cost  of  the  owner  thereof,  and 
subject  also  to  the  cost  and  charges  incurred  in  the  remov^al  thereof, 
which  costs  and  charges,  together  with  the  cost  of  storing,  and  of  the 

■sale  thereof,  as  hereinafter  pi-ovided,  shall  constitute  and  are  hereby 
made  a  lien  against  property  so  removed,  said  lien  to  continue  until 

jhe  whole  costs  and  charges  be  paid  by  the  owner  or  claimant  thereof, 
OT  the  property  be  sold  apd  said  charges  be  paid  from  the  proceeds 
of  said  sale,  as  hereinafter  provided. 

Sec.  6.  When  any  property  is  removed  by  said  officer  in  pur- 
suance of  the  terms  of  the  preceding  sections,  he  shall  for  the  space 
of  ten  days  advertise  in  some  newspaper  published  in  said  city,  a 
•notice  of  such  j^.ction,  directed  generally  to  the  owners,  known  or 
unknown,  giving  a  general  description  of  such  property,  and  shall 
state  in  such  notice  the  place  wherein  the  same  shall  be  then  stored 
or  deposited,  and  shall  therein  notify  all  parties  that  in  case  the  said 
property  be  not  claimed  and  the  costs  and  charges  thereon,  including 
cost  of  publication  as  aforesaid,  be  paid  on  or  before  a  certain  hour 
and  day  to  be  named  by  him  in  such  notice  (which  day  must  not  be 
less  than  ten  nor  more  than  thirty  days  after  the  first  publication 
of -said  notice),  that  he  will  at  public  auction  sell  the  said  property 
to  the  highest  bidder:  and  in  case  said  property  be  not  claimed  and 
redeemed  on  or  before  the  hour  named  in  said  notice,  he  shall  at  such 
time,  and  at  the  place  where  the  said  goods  are  stored  or  deposited, 
sell  the  same  to  the  highest  bidder,  in  pursuance  of  the  terms  of  said 
notice,  and  shall  from  the  proceeds  of  such  sale  first  deduct  all  costs 
and  charges  incurred  by  reason  of  such  removal,  storage,  publication 
and  sale  as  aforesaid,  and  shall  pay  over  the  balance,  if  any  remaining, 
to  the  City  Treasurer  for  the  benefit  of  the  owner  of  such  property. 
The  money  paid  to  the  City  Treasurer  as  aforesaid  shall  be  by  him 
held  subject  to  the  call  of  the  owner  for  the  period  of  three  months, 
and  if  the  owner  shall  fail  to  appear  and  claim  the  same  within  such 
time,  the  said  sum  to  be  by  said  Treasurer  paid  into  the  general 
fund  of  said  city  for  the  use  and  benefit  thereof;  provided,  however, 
that  in  case  property  so  removed  be  perishable  in  its  nature,  the 
Harbormaster  shall  for  two  days  only  publish  a  notice  as  aforesaid, 
and  may,  upon  the  expiration  of  the  said  publication,  sell  such  prop- 
erty in  manner  and  with  like  effect  as  aforestated;  provided  further, 
that  nothing  herein  shall  bo  construed  to  authorize  the  obstruction  ot 
•any  wharf  cr  landing  or  any  part  thereof,  or  any  passage  thereto,,  for 
any  period  of  time.  .  •.    .  .: 


ORDINANCES.  41 


;,  -Sec.  7.  The  Harbormaster  shall  collect  and  receipt  for  all 
i^whar^age  tax,  or  revenues,  and  shall  keep  m  a  book  to  be  pro\ided 
.and  set  apart  for  such  purposes,  an  accurate  account  of  the  same.      - 

**•'■•  Sec.  8.'  Hi9  Khali,  in  collecting  wharfage  and  revenue  tax,  give  in 
■each  ca.se  to  the  party  paying  a  receipt  from  a  blank  receipt-book' to 

.be   provided  by  the  city,   which  receipt  shall   show  the  name  of  the 

SaTty  paying,  the  date  of  payment,  the  class  of  tax  or  charges  col- 
lected and  the  amount  so  collecied,   and  shall  number  each  class  of 

■..receipts  consecutively  in  the  order  of  their  issue.  In  every  case  the 
'stub   must  contain   the  same   entries   as   the   receipt  which  has  be^n. 

"detached  therefrom,  and  be  numbered  to  correspond. 

.  Sec.  9.  He  shall  make  monthly  reports  to  the  Board  of  Public 
..Works  of  all  his  doings,  and  pay  over  to  the  City  Treasurer  each  month, 
.pn  or  before  the  first  Monday  therein,  all  moneys  collected  during  tftie 

preceding  month,  and  shall  submit  to  said  Board  a  statement  showiiig 
.the   amount   received   from   each   source   of   revenue  or  collections,   a 

grand  total  of  which  amounts  must  correspond  with  the  amount 
■  •stated  in  the  receipt  of  the  Treasurer  for  said  month,  which  receipc 
.shall  be  attached  to  said  report  in  said  monthly  report.  He  shall 
-also  set  forth  the  number  of  vessels  that  have  discharged  cargoes  at 
/the  wharves  and  levees  of  said  city,  together  with  the  total  amount 
:<ot  their  registered  tonnage.  ■     ' 

HEALTH   OFFICER,    BOARD    OF    HEALTH.    POLICE. 

Sec.  10.     The   Board   of   Health   shall  have   power  to  adopt   such 
^measures  as  in  their  judgment  will  best  promote   the  health  of  the 
•City  of  Stockton,   and  prevent   the  introduction  or  spread  of  disease, 
..and  they  may.  whenever  they  deem  it  necessary,  order  the  examina- 
tion by  the  Health  Officer  of  all  persons  entering  the  city  from  any 
country.   State,   county,   city    or   other   place,   where   said  Board   have 
reason  to  believe  there  are  any  cases  of  cholera,  yellow  fever,  small- 
,pox  or  other  infectious  or  contagious  diseases;  and  for  the  purpose  of 
anaking  such  examination  the  Health  Officer  or  any  or  all  of  the  mem- 
bers of  the  Board  of  Health  shall  have  authority  to  enter  any  vessel, 
railroad  car,  stage,  or  other  vehicle,  building,  room,  lot  or  other  place 
in  said  city,  and  said  Board  or  Health  Officer  may  direct  and  enforce, 
the   cleansing  and   purifying  of  any  such   vessel,   railroad   car,   stage, 
vehicle,  building,  room,  lot,  or  other  place;    said  Board  of  Health  or 
.Health  Officer  shall  have  power  to  forbid  and  prevent  communication 
with   any   or   all    persons,    families,    vessels,    railroad   cars,    buildings, 
rooms  or  other  places  infected  with  any  such  disease;  said  Board  may, 
.;by  and  with  the  consent  of  the  City  Council,  establish  a  pesthouse  or 
'  hospital,  and  provide  the  necessaiT  supplies  therefor,  and  said  Board 
or  Health  Officer  may  at  any  time  remove  any  non-resident,  indigent  or 
disreputable  person  who  is  sick  wich  cholera,  yellow  fever,  smallpox 
or  other  infectious  or  contagious  disease  to  the  pesthouse  or  hospital; 
and  whenever  said  Board  deem  it  absolutely  necessary  for  the  health 
■of  the  city  they  may  remove  any  person  to  the  pesthouse  or  hospital 
who  may  be  sick  with  any  such  disease;   said  Board  may  provide,  by 
.and  with  the  consent  of  the  City  Council,  a  suitable  place  for  the  tena- 
.pprary  detention  of  persons  who  have  been  exposed,  to  the  infection  of 
cholera,  yellow  fever,  smallpox  or  other  infectious  or  contagious  disease, 
and  said  Board  or  Health  Officer,  or  any  n:iember  of  said  Board,  shall 
.  .'have  power  to  order  and  compel  such  person  or  persons  to  remain  in 
.guch  place  of  detention  for  such  length  of  time  as  may  be  necessary, 
and  to  forbid  and  prevent  any  and  all  communication  with  any  such 
4)erson  or  persons;   said  Board  or  Health  Officer  sJiall  have  ix>wer.to 


•42  ORDINANCES. 


forbid  or  prevent  any  and  all  persons  living  or  being  in  or  about  aa> 
such  house  or  premises  where  anj^  person  is  or  has  been  sick  witti 
-smallpox,  cholera,  yellow  fever  or  other  infectious  or  contagious  disease, 
from  leaving  such  house  or  premises  without  having  first  obtained 
permission  so  to  do  from  the  Board  of  Health  or  Health  Officer. 

Sec.  11.     It  shall  be  the  duty  of  the  Board  of  Health  and  Health 
Officer,  whenever  they  or  either  of  them  deem  it  necessary,  to  recoaaa- 
mend  to  the  City  Council,  in  writing,  such  sanitary  measures  as  tJief 
may  deem  advisable,  and  co-operate  with  the  Council  in  canTihg  the 
same  into  effect;    to  submit  to  the  City  Council,  whenever  requite," 
their  opimon.s  on  any  matter  concerning  the  public  health  or  sanitary 
-condition  of  tlie  city;   to  cause  any  matter  or  thing  that  is  any  way 
dangerous  to  health   to  be  removed  or  destroyed;    and  whenever,  ia 
their  opinion,   the   removal   of  any  nuisance  or  any  matter  or  thing 
■dangerous  to  health  is  necessary,  said  Board  or  officer  shall  notify  the 
Chief  of  Police,  who  shall  imm.ediately  notify  the  person  or  perscMis. 
owning  the  lot  or  premises  on  or  about  which  the  nuisance  or  otJier 
matter  or  thing  may  be  found,  to  remove  the  same;  if  the  owner  be  a 
non-resident  or  be  absent  from  the  city,  then  the  Chief  of  Police  shall 
notify  his  agent  or  the  person  in  charge  of  his  property,  if  any  there 
be,  and  if  not,  then  the  occupant  of  such  lot  or  premises;   and  if  any 
person  or  persons  so  notified  shall  refuse  or  neglect  to  comply  with  th« 
requirements  of  such  notice  for  twenty-four  hours,  the  Chief  of  Police 
shall  remove,  or  cause  to  be  removed,  such  nuisance  or  other  matter  or 
thing  at  the  expense  of  the  owner  or  occupant  of  said  lot  or  premisea 
on  or  about  which  nuisance  or  other  matter  or  thing  may  be  found,  and 
the  cost  of  such  removal  shall  be  recoverable  by  a.  civil  action  in  tho 
name  of  the  city.     If  the  owner  of  the  lot  or  premises  on  which  such 
nuisance  or  other  matter  or  thing  is  found  is  unknown,  and  there  be  nwa. . 
occupant,  the  same "shall  be  removed  at  the  expense  of  the  city.    When- 
ever in  the  judgment  of  the  Board  of  Health  or  of  the  Health  Officer 
any  vessel  in  port,  building,  room,  lot,  vault,  cellar,  outhouse,  cess-pooi 
or  other  place,  ought  to  be  cleansed  or  purified,  they  shall  notify  the- 
owner,  occupant  or  person  in  charge,  in  writing,  to  cleanse  or  purify 
the  same,  specifying  the  means  by  and  the  manner  in  which  the  same 
shall  be  done,  a  copy  of  which  notice  shall  be  forthwith  delivered  by 
the  Chief  of  Police  to  the  owner  or  occupant  or  person  in  charge  of 
such   vessel,   building,   room,   lot,   vault,   cellar,   outhouse,   cesspool   or 
other  place,  and  if  such  owner,  occupant  or  person  in  charge  of  such 
vessel,  building,   room,  lot,  vault,  cellar,   outhouse,   cesspool  or  other 
place  shall,  for  tlie  space  of  thirty-six  hours  after  the  delivery  to  him 
of  such  notice,  fail  or  neglect  to  comply  therewith,  then  the  Chief  of. 
Police  shall  carry  into  effect  the  directions  of  the  Boai*d  of  Health, 
and  the  expenses  thereby  incurred  shall  be  chargeable  against  the  owner 
or  occupant  of  the  vessel,  building,  room,  lot,  vault,  cellar,  outhouse, 
cesspool  or  other  place  so  cleansed  or  purified,  and  may  be  recovered 
in  a  civil  action  in  the  name  of  the  city.     If  the  owner  of  the  vessel, 
building,   room,    lot,   vault,   cellar,  •  outhouse,    cess^KX)!  "or   other   place  "* 
cleansed  and  purified,  be  not  known,  and  there  be  no  person  in  charge 
or  occupant  thereof,  then  the  directions  of  the  Board  of  Health  with 
reference  thereto  shall  be  carried  into  execution  by  the  Chief  of  Police 
at  the  expense  of  the  city. 

Sec.  12.  It  shall  be  the  duty  of  the  Health  Officer  to  examine  into 
the  sanitary  condition  of  the  city  whenever  requested  by  the  Board  of 
Health,  and  to  report  thereon  to  said  Board,  with  such  recommenda- 
tions as  he  may  deem  proper,  such  report,  and  recommendations  to  be  Ia 


ORDINANCES.  "frg 


-Writing;  to  supei*vise  the  execution  of  such  measures  as  may  be^ 
adt^pted  by  said  Board,  and  see  that  they  are  properly  executed,  and  m 
!g:eneral  to  do  and  perform  all  such  duties  as  may  be  required  by  said 
Board,  or  are  or  may  be  provided  by  the  ordinances  of  the  City  Coimcil. 

Sec.  13.  Said  Board  of  Health  or  Health  Officer  shall  have  power 
t6  authorize  and  require  the  Chief  of  Police,  in  the  daytime,  wheneverr 
in  the  judgrnent  of  said  Board  or  Health  Officer  it  is  necessary  for  the 
health  of  the  city,  in  examining  any  vessel  in  port,  building,  room,  lot, 
vault,  cellar,  outhouse,  cesspool  or  other  place  for  any  nuisance  oi^ 
Matter  or  thing  dangerou?  to  health,  to  raise  the  floor,  break  open  the 
dioors,  or  use  such  other  force  as  may  be  necessary  to  effect  an  entrance 
into  Such  vessel,  building,  room,  lot,  vault,  cellar,  outhouse,  cesspool  or 
other  place;  said  Board  shall  have  power  to  prescribe  forms  for  mortu- 
ary statistics  and  of  birihs,  and  enforce  the  observance  thereof  by 
physicians,  midwives,  undertakers  and  superintendents  of  cemeteries, 
and  make  general  orders  of  a  sanitary  character  in  and  for  said  city. 

Sec.  14.  The  expenses  incurred  in  carrying  out  the  provisions, 
aforesaid,  and  of  the  rules,  orders  and  regulations  of  the  Board  of 
Health  or  Health  Officer,  made  in  pursuance  thereof,  shall  be  paid  by 
order  of  the  City  Council,  upon  the  certificate  of  the  Secretaiy  of  the 
..Board  of  Health,  Health  Officer  or  Chief  of  Police,  as  to  the  correctness 
of  the  amount  so  to  be  paid,  except  as  otherwise  provided  in  this, 
ordinance. 

Sec.  15.  It  shall  be  the  duty  and  within  the  powers  of  the  Chief 
oi  Police  and  every  regular  general  policeman  to  enforce  and  execute 
any  general  or  special  order  or  direction  of  the  Board  of  Health  or 
Health  Officer  made  under  and  within  the  powers  to  said  Board  or 
officer  granted  by  law. 

ORDIN.4NCE    No.   2. 

(Being  originally  No,  204  approved  May  24,  1886.) 
Creating  a  Board  of  Health  and  Providing  for  a  Health  Officer. 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  W.  E.  Gibbons,  C.  A.  Buggies,  S.  N.  Cross,  E.  A. 
Stockton  and  A.  T.  Hudson,  and  their  successors  in  office  are  hereby 
:canstituted  a  Board  of  Health  in  and  for  the  City  of  Stockton,  which 
said  Board  of  Health  is  hereby  invested  with  the  powers,  and  shall 
perform  the  duties  prescribed  in  this  ordinance.  The  said  W.  E. 
Gibbons,  C.  A.  Ruggles,  S.  N.  Cross,  E.  A.  Stockton  and  A.  T.  Hudson 
shall  hold  office  until  the  first  Monday  in  January,  A.  D.  1888,  and  until 
their  successors  are  elected  and  qualified.  On  the  first  Monday  in 
January,  A.  D.  1888,  and  biennially  thereafter,  on  the  first  Monday  in 
January',  the  City  Council  shall  elect  five  practicing  physicians,  being- 
graduates  of  some  respectable  medical  ■  college, -who -shall  eonstittite 
■the  Board  of  Health  aforesaid.  The  persons  so  elected  shall  hold  office 
for  two  years,  and  until  their  successors  are  elected  and  qualified.  In 
case  a  vacancy  from  any  cause  shall  occur  in  the  Board,  the  City 
Council  shall  appoint  some  person  possessing  the  qualifications  afore- 
ifeaid  to  fill  the  unexpired  term  of  his  predecessor  in  office.  The  Board 
hereby  created  shall  organize  within  one  month  from  the  date  at  which 
this  Ordinance  takes  effect,  by  electing  from  their  number  a  President 
-and  Secretary",  whose  duties  shall  be  such  as  properly  belong  to  their 


44  ORDINANCES. 


offices.  The  Board  may  by  resolution,  bjMaws  or  otherwise  provide 
for  the  time  and  place  of  their  meetings  and  for  the  regulation  of  their 
proceedings,  and  a  majority  of  the  Board  shall  in  all  cases  constitute  .a 
quorum.  .      .• 

Sec.  2.  The  Board  of  Health  of  the  City  of  Stockton  shall  withia  r, 
one  month  after  this  ordinance  takes  effect,  elect  one  of  the  members 
of  said  Board  as  Health  Officer  of  said  city.  The  person  so  elected 
■shall  hold  office  until  the  first  Monday  in  January,  1888,  and  until  his 
successor  is  elected  and  qualified.  On  the  second  Monday  in  January, 
1888,  and  biennially  thereafter  on  the  second  Monday  in  January,  the 
said  Board  of  Health  shall  elect  one  of  the  members  of  said  Board  .as 
Health  Officer  of  said  city,  and  the  person  so  elected  shall  hold  office  for 
two  years,  and  until  his  successor  is  elected  and  qualified. 

r 

Sec.  3.     [Repealed.]  . '■  : 

OEDINANCE   No.   363. 

•  (Approved  februaiy  9,  1904.) 

Amending  Ordinance   No.  2,  Entitled  "An  Ordinance  Creating  a  Boa^i'd 
of    Health,    and    Providing    for   a    Health    Officer." 

•  Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton. as 
follows : 

Section  1.  That  Section  3  of  Ordinance  No.  2  of  the  Ordinances 
of  the  City  of  Stockton,  entitled  "An  Ordinance  creating  a  Board  of 
Health,  and  providing  for  a  Health  Officer,"  is  hereby  amended  to  r^d 
as  follows: 

•  • 

Section  3.  That  from  and  after  the  final  passage  and  approvaliof 
this  Ordinance  the  salary  of  the  Health  Officer  shall  be  at  the  rateiof 
$150  per  month  for  such  time  as  he  may  be  engaged  in  the  actual 
performance  of  his  duty. 

Sec.  2.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

ORDINANCE  No.   375. 

*  .       •  -  ■  .  •     ■ 

(Approved  July  12,  1904.)     O.  B.  7—9.  

An  Ordinance  Providing  for  an  Inspector  of  Milk,  far  the  City  of 
Stockton,  and  Indicating  His  Duties;  Providing  for  the  InspectioYi 
of  Milk  and  Dairies  and  Dairy  Cows  From  Which  Milk  Is  Supplied 
for  Consumption  by  Hunian  Beings  in  Said' City;  Regulating  the 
Management  of  Such  Dairies  and  Dairy  Cows;  Regulating  the  Sale 
of  Milk  in  the  City  of  Stockton  and  Providing  for  the  Issuance  of 
Permits  by  the  Board  of  Health  Therefor;  Providing  for  Licensing 
the  Same  and  the  Rate  of  License;  and  Providing  a  Penalty  for  the 
Disposition  of  Unwholesome,  Impure  and  Adulterated  Milk  in 
Said  City. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
.follows: 

Section  1.  To  properly  put  into  effect  and  carry  out  the  provisions 
of  this  Ordinance,  and  all  other  Ordinances  of  said  city  hereafjier 
passed  and  approved,  relating  to  the  sale  of  milk  therein,  and  to  the 
imanagement,  conduct  and  care  of  cows  and  dairies  from  which  milk 
-Is  supplied  to  the  inhabitants  thereof,  the  Board  of  Health  of  the  C^ty 
«f  Stockton  is  hereby  authorized,  empowered  and  directed  to  provide 


ORDINANCES.  45' 


for  the  inspection  of  milk  sold  or  offered  for  sale,  delivered  or  offered' 
for  deliver^',  in  said  City  of  Stockton;   also  to  provide  for  the  inspec- 
tion of  dairies  and  dairy  cows  from  which  milk  is  supplied  for  sale  or 
consumption  within  said  city,  and  to  grant  permits  for  the  sale  and 
disposition  of  milk  within  said  city. 

Sec.  2  The  Health  Officer  of  the  City  of  Stockton  shall  be,  and  he 
is  hereby  made  and  apix)inted  Inspector  of  Milk.  The  duties  of  the 
Inspector  of  Milk  shall  be  all  such  duties  as  are  required  from  and- 
Imposed  upon  him  by  the  provisions  of  this  Ordinance,  and  by  any  other 
Ordinance  of  the  City  of  Stockion,  and  such  as  are  or  shall  be  required 
from  and  imposed  upon  him  by  the  rules  and  regulations  of  the  Board 
of  Health  of  the  City  of  Stockton. 

The  Health  Officer,  as  Inspector  of  Milk,  shall  receive  no  other  or 
further  salary  or  compensation  than  the  salary  now  allowed  him  by  the 
City  of  Stockton  as  such  Health  Officer. 

Sec.  3.  It  shall  be  unlawful  for  anj-  milk  producer  or  milk  vendor, 
or  for  anj'  person  whomsoever,  after  this  Ordinance  becomes  operative, 
either  himself  or  through  his  agents,  sen-ants  or  employes,  to  offer  or 
to  expose  for  sale,  or  to  sell  or  to  deliver  for  sale,  use  or  consumption, 
within  the  City  of  Stockton,  any  milk  without  first  having  obtained  from . 
the  Board  of  Health  of  the  City  of  Stockton  a  permit  so  to  do,  and  a 
license  therefor,  as  hereinafter  provided. 

Sec.  4.  To  procure  such  i>ermit,  the  applicant  shall  first  present 
to  the  Board  of  Health  of  said  city  a  written  application,  which  appli- 
cation shall  state  and  contain: 

1.  The  name  and  business  residence  arid  address  of  the  applicaat 
or  applicants. 

2.  The  source  or  sources  from  which  said  applicant  or  applicants 
obtain  or  will  obtain  supplies  of  milk. 

•'     3.     The  number  of  cows  in  possession  of  such  applicant.    . 

4.  The  average  quantity  of  milk  procured  and  the  average  quan- 
tity, estimated  in  gallons,  disposed  of  by  said  applicant  each  three 
months. 

5.  The  manner  and  character  of  such  disposition. 

6.  The  specific  brand  or  business  name,  if  any,  under  which  said 
milk  is  to  be  sold,  exchanged  or  distributed. 

7.  The  location  of  the  dairy. 

8.  That  the  applicant  will  not  sell  or  deliver,  within  said  city, 
any  milk  taken  from  any  cow  that  has  not  been  inspected,  and  duly 
certified  in  writing,  by  the  Inspector  of  Milk  of  said  city,  as  being  in. 
a  healthful  condition. 

9.  A  stipulation  that  the  Inspector  of  Milk,  Board  of  Health,  or 
any  member,  officer  or  employe  of  said  Board,  shall  have  the  right  ac 
any  time  to  visit  the  premises  of  the  applicant  and  inspect  the  cows, 
stables,  corrals,  milkhouses,  all  apparatus  used  in  gathering  or  dis- 
tributing the  milk,  food  and  water  snpplies,  and  take  samples  from  the 
tJairy  or  any  milk  wagon  or  milk  receptacle,  and  use  such  tests  as  the 
said  Board  of  Health  maj^  indicate  as  being  in  their  judgment  the  best 
established  to  prevent  the  sale  or  delivery  of  unhealthy,  unwholesome, 
impure  or  adulterated  milk  within  said  city. 

10.  A  stipulation  that  applicant  shall  cause  to  be  taken  and 
removed  daily  from  any  stable  or  milking  shed  all  manure  and  any- 
thing and  everything  of  a  foul  or  unclean  nature;    and  will  keep  all 


4«  ORDINANCES. 


buildings  used  in  and  about  his  dairy  business,  including  stables  and 
rheds  clean,  and  will  whitewash  all  buildings  thoroughly  every  spring 
and  every  fall  of  each  year;  and  shall  keep  all  corrals  3.nd  cow  yard^J 
clean  and  reasonably  free  from  mud  and  manure,  and  will  not  allow 
any  manure  to  be  stacked  against  any  cow  stable  or  shed  or  against: 
or  in  proximity  to  any  building  wherein  milk  is  handled,  treated  or 
kept. 

11.  That  applicant  agrees  to  cause  each  cow's  milk  to  be  removed 
from  stable  or  shed  immediately  upon  milking,  and  strained,  cooled 
and  aerated. 

12.  A  stipulation  that  applicant  will  abide  by  any  and  all  regula- 
tions of  said  Board  of  Health,  and  by  the  provisions  of  this  and  all 
Ordinances  of  the  City  of  Stockton  relating  to  sale  and  delivery  of 
milk  therein,  and  the  care,  conduct  and  management  of  dairies  and 
dairy  cows  supplying  milk  for  consumption  by  the  inhabitants  thereof. 

The  applicant  in  such  application  must  also  request  the  Inspector  of 
Milk  to  inspect  the  applicant's  dairy  cow,  cows  or  herd;  the  corrals, 
stable  and  premises;  the  food  and  water  supply  for  such  cow,  cows  or 
herd;  and  the  apparatus  used  for  gathering  or  distributing  the  milk 
as  herein  provided. 

Said  application  must  be  made  upon  printed  blanks  to  be  provided 
by  the  Board  of  Health,  and  must  be  fully  filled  out,  and  must  be 
signed  and  duly  verified  by  applicant. 

The  applicant  must  present  said  application  to  the  City  Clerk  of 
said  city,  and  must  deposit  at  the  same  time  with  said  Clerk  the 
amount  collectible  for  his  license,  estimated  at  the  rate  and  in  th« 
manner  as  set  forth  in  Section  S  of  this  Ordinance. 

Sec.  5.  Upon  presentation  to  the  Board  of  Health  of  such  appli- 
cation, together  with  a  certificate  of  the  Inspector  of  Milk  (certifying 
that  the  applicant's  dairy,  cow«3,  stables,  sheds,  milkhouses,  yard,  food 
and  water  supply,  and  all  apparatus  used  for  gathering  or  distributing 
milk,  are  all  in  the  condition  as  required  by  the  rules  and  regulations 
of  the  Beard  of  Health,  and  by  the  provisions  of  this  Ordinance,  and  of 
any  other  Ordinance  of  the  City  of  Stockton),  said  Board  shall  deter- 
mine whether  or  not  the  statements  therein  made  are  tme  and 
whether  or  not  the  applicant  purposes  selling  or  offering  or  exposing ' 
lor  sale  or  delivering  or  distributing  within  the  City  of  Stockton  any 
imhealtby,  impure  or  unv/holesome  milk  as  food  for  any  human  being, 
and  shall  approve  or  disapprove  said  application  according  to  such 
determination.  If  it  is  approved,  the  Board  of  Health  shall  issue  to  said 
applicant  a  permit  to  bring  into,  sell  or  deliver  for  sale,  expose  or 
offer  for  sale,  exchange,  deliver  or  distribute  milk  within  the  City  of 
Stockton,  subject,  however,  to  the  rules  and  regulations  of  the  Board 
of  Health,  and  in  conformity  with  the  provisions  of  this  Ordinance,  or 
any  other  Ordinance  of  ^^he  City  ot  Stockton,  relating  to  the  sale  of 
milk  therein,  and  to  the  management,  conduct  and  care  of  cows  and 
dairies  from  which  milk  is  supplied  to  the  inhabitants  thereof. 

If  disapproved,  the  application,  with  the  reasons  of  the  Board  for 
such  disapproval  indorsed  thereon,  together  with  said  license  fe(» 
deposited  therewith  with  the  City  Clerk,  shall  be  returned  to  the  appli-  • 
cant,  who  shall  have  the  right  to  renew  his  application  for  a  permit  and 
license  upon  conforming  with  the  suggestions  of  said  Board  indorsed 
upon  such  application. 

Each  permit  issued  by  the  Board  of  Health  shall  be  dated  and 
numbered,  and  signed  bj^  the  President  and  Secretary  of  the  Board. 

The  Board  of  Health  shall  cause  to  be  recorded,  in  a  register 
to  be  provided  and  kept  by  the  Board  for  that  purpose,  each  regular : 


ORDINANCES.  47 


api'lication    tor   a    permit    received    by    it,    together    with    the    permit 
ttumber,  if  a  permit  .be  issued  upon  such  application  to  the  applicant. 

Sec.  6.  Permits  shall  be  granted  for  and  shall  remain  in  force 
for  three  (3)  months  and  for  no  longer  time,  unless  sooner  revoked 
fo-r  cause. 

The  holder  or  holders  of  any  permit  desiring  a  renewal  of  the  same 
fihail,  at  least  five  (5)  days  prior  to  its  expiration,  deliver  to  the  City 
Clerk,  depositing  wirh  said  Clerk  at  the  same  time  the  amount  collecti- 
ble for  his  license,  estimated  at  the  rate  and  in  the  manner  as  set 
forth  in  Section  8  of  this  Ordinance,  for  presentation  to  the  Board  of 
Health,  an  "Application  for  Renewal,"  w^hich  shall  state  the  name  of 
the  applicant;  the  applicant's  original  "permit  number;''  the  date  of 
the  issuance  of  the  original  permit,  or  the  previous  renewal;  that  tke 
applicant's  business  has  been  carried  on  and  conducted  in  accordance 
with  the  rules  and  regulations  of  the  Board  of  Health,  and  with  the 
provisions  of  this  Ordinance,  and  all  other  Ordinances  of  the  City  of 
Stockton  relating  to  the  sale  of  milk  therein,  and  to  thfe  management, 
conduct  and  care  of  cows  and  dairies  from  which  milk  is  supplied  to 
the  inhabitants  thereof;  the  average  quantity  of  milk,  estimated  in 
gallons,  disposed  of  by  applicant  to  inhabitants  of  the  City  of  Stock- 
ton, during  each  three  months;  the  number  of  cows  in  possession  of 
applicant;  and  the  date  that  the  applicant's  dairy,  cows  or  herd, 
premises  and  apparatus  for  gathering  or  distributing  milk  were  last 
inspected.  All  applications  for  renewal  must  be  signed  and  verified 
by  the  applicant. 

If  the  Board  finds  that  all  of  the  statements  of  the  application  are 
true,   it  shall   approve   the  application,   and  shall  grant   a  renewal   of  • 
permit  to  the  applicant,  for  the  same  length  of  time  as  that  for  which 
it  was  originally  granted,  but  the  applicant's  original  permit  number  • 
:shall  not  be  changed. 

If  disapproved,   the   application   for   renewal,   with   the   reasons  of  ' 
the  Board  for  such  disapproval  indorsed  thereon,  shall  be  returned  to  : 
the   applicant,   and   no   renewal   of   perm.it   shall   be   granted   to   such 
applicant   until   he   has   complied   with   the   suggestions  of  the   Board 
indorsed  upon  the  application  for  renewal,  to  the  satisfaction  of  the 
Board. 

Sec.  7.  Upoii  presentation  to  the  City  Clerk  of  such  permit  from 
:sald  Board,  or  such  renewal  of  p^^rmit  from  said  Board,  the  City  Clerk 
shall  issue  to  the  person  entitled  thereto  a  license  to  carry  on  an  J 
conduct  within  the  City  of  Stockton,  for  the  term  of  three  (3)  months, 
the  business  in  this  Ordinance  provided  for.  Each  license  issued  shall 
be  dated  the  same  date  as  the  date  of  the  permit,  or  the  date  of  the 
renewal  of  permit  upon  which  such  license  is  issued,  and  shall  be  for 
the  term  of  three  (3)  months,  and  no  longer. 

Sec.  8.  Licenses  shall  be  issued  by  the  City  Clerk  to  persons 
■entitled  thereto  uiwn  the  payment  of  the  amounts  hereby  fixed  as  tne 
rates  to  be  charged  and  collected  for  such  licenses,  to-wit; 

For  each  and  every  ninety    (90)   gallons  of  milk  sold,   delivered,  . 
furnished   or   disix>sed   of.    within   the   City   of    Stockton,    during   each 
quarter  of  a  year,  the  sum  of  fifteen  (15)  cents. 

The  amount  of  the  fee  to  be  charged  and  collected  for  issuing  a 
license  shall  be  deteraiined  by  dividing  the  estimated  number  of  gallons 
sold,  delivered,  furnished  or  disposed  of  within  the  City  of  Stockton 
during  each  quarter  of  a  year  as  set  forth  in  and  shown  by  the  verified 
application  of   the   applicant  by  ninety    (90),   the   number  of  gallons 


48  ORDINANCES. 


above  fixed,  and  multiplying  the  quotient  thus  obtained  by  fifteen  (15) "" 
the  rate  per  g-allon  above  fixed,  but  no  less  an  amount  than  fifteen*' 
(15)  cents  shall  be  charged  and  collected  for  any  license. 

Sec.  9.  The  City  Clerk  shall  pay,  or  cause  to  be  paid,  into  tiie'* 
general  fund  of  the  City  of  Stockton  all  moneys  collected  or  received' 
under  the  provisions  of  this  Ordinance,  during  each  month. 

Sec.  10.     One  such  permit  and  license  shall  be  required  for  each ' 
place  of  general  storage  of  milk.     Such  permits  and  licenses  shall  be 
issued  only  in  the  name  of  the  owners  of  the  supply  of  milk  thus  on 
storage  or  for  sale,  and  shall,  for  the  purpose  of  this  Ordinance,  be 
conclusive  evidence  of  such  ownership.     No  such  permits  or  licenses 
shall  be  sold  or  assigned  or  transferred.    Such  permits  shall  be  subject- 
at  all  times  to  revocation  by  said  Board  of  Health  in  its  discretion 
upon  sufficient  cause  therefor  shown;  provided,  however,  that  no  such  , 
permit  shall  be  revoked  until  after  a  hearing  given  by  said  Board  of 
Health  in  the  matter  of  the  revocation  of  such  permit  after  five   (5) 
days'  notice  in  writing  has  been  served  on  the  owner  of  such  permit  in 
the  manner  prescribed  for  the  service  of  notice  by  Section  1011  of  the  - 
Code  of  Civil  Procedure  of  the  State  of  California,  which  notice  shall 
state  the  ground  of  complaint  against  such  owner,  and  the  time  and 
place  where  such  hearing  shall  take  place;  and  provided  further,  that 
no   permit   shall   be   revoked   by    said   Board   of   Health   for   the   first 
offense   without  the   unanimous  consent  of   all   the  members  of  said 
Board. 

Sec.  11.  No  person  or  persons,  firm  or  corporation,  shall  sell  or 
expose  for  sale  or  exchange  or  deliver  or  distribute,  within  the  limitjs. 
of  the  City  of  Stockton,  milk  from  any  wagon  or  vehicle,  unless  such 
wagon  or  vehicle  shall  have  exposed  on  both  sides  thereof  the  permit 
number  of  the  person  or  persons,  firm  or  corporation  selling  or  offering 
or  exposing  for  sale  or  distribution,  or  delivering  or  exchanging  such 
milk.  Such  permit  number  shall  be  painted  on  said  wagon  or  vehicle' 
in  numbers  not  less  than  three  inches  in  height,  in  what  is  known  as 
Arabic  numerals,  and  shall  be  placed  on  said  wagon  or  vehicle  under 
the  direction  and  according  to  the  requirements  of  said  Board  of 
Health,  and  in  case  milk  is  sold  from  cans  or  vessels  (carried  by  human 
beings  or  on  horseback),  then  the  permit  number  of  the  person  or 
persons,  firm  or  corporation  so  selling  or  offering  for  sale,  delivery  or  , 
distribution  or  exchange,  such  number  shall  be  placed  in  a  conspicuous 
place  on  such  can  or  vessel  immediately  below  the  opening  thereof, 
so  as  to  be  plainly  apparent  on  superficial  inspection;  or,  if  such  milk 
is  sold  or  exposed  or  offered  for  sale,  delivery,  distribution  or  exhange  - 
within  a  store  or  house,  or  on  the  sidewalk  of  any  street  in  said  City 
of  Stockton,  then  such  permit  number  shall  also'  be  constantly  exposed 
in  some  conspicuous  manner  at  the  place  wherever  such  milk  is  sold 
or  kept  so  as  tO'  be  plainly  apparent. 

Sec.  12.  It  shall  be  unlawful  for  any  person  or  persons,  firm  or 
corporation,  by  themselves  or  by  their  agents,  servants  or  employes, 
within  the  City  of  Stockton,  State  of  California,  to  render  or  manufac-  . 
ture,  sell,  offer  for  sale,  €;xchange,  deliver,  distribute  or  have  in  his  or 
its  possession,  with  intent  to  sell,  expose  or  offer  for  sale  or  exchange, 
or  distribute  for  human  consumption,  any  impure,  adulterated,  un- 
healthy or  unwholesome  milk. 

Sec.    13.     The  terms  adulterated,  impure,  unhealthy  and  unwhole- 
some as  used  in  this  Ordinance,  mean: 


ORDINANCES.  49 


First — Milk  containing  loss  than  twelve  (12)  per  centum  of  milk 
solids. 

Second — Milk  containing  more  than  eighty-eight  (88)  per  centum 
of  water  or  fluids. 

Third — Milk  containing  less  than  three  and  one-fifth  (3i)  per 
centum  of  fats. 

Fourth — Milk  that  has  been  drawn  from  a  cow  more  than  fifteen 
(15)  hours. 

Fifth — Milk  drawn  from  cows  within  fifteen  days  before  or  within 
seven  days  after  calving. 

Sixth — Milk  drawn  from  cows  fed  on  any  unhealthy  or  unwhole- 
some food. 

Seventh — Milk  drawn  from  cows  kept  in  an  unhealthy  or  unsani- 
tary condition,  or  from  cows  affected  with  any  form  of  disease,  or  from 
cows  which  are  supplied  with  water  which  is  impure  or  unwholesome. 

Eighth — Milk  from  which  any  part  of  the  cream  has  been  removed. 

Ninth — Milk  which  has  been  diluted  with  water  or  with  any  other 
fluid  or  to  which  has  been  added  or  into  which  has  been  introduced  any 
foreign  substance  whatever. 

Tenth — Milk  draw^n  from  cows  or  by  milkers  that  are  themselves 
in  a  condition  of  filth  or  uncleanliness. 

Eleventh — Milk  drawn  from  cows  by  any  person  who  has  a  con- 
tagious disease. 

Twelfth — Any  milk  which  is  shown  by  analysis  to  contain  any 
substance  or  substances  of  any  character  whatsoever  not  natural  or 
normal  constituents  of  milk,  or  to  have  deprived  either  wholly  or  in 
part,  of  any  constituent  natural  or  normally  contained  in  milk. 

Sec.  14.  It  shall  be  unlawful  for  any  person  or  persons,  firai  or 
corporation  to  have  or  carry  on  any  wagon  or  vehicle  upon  or  from 
which  milk  or  cream  is  being  or  is  brought,  carried,  stored,  deposited, 
sold,  exchanged,  delivered  or  distributed  or  offered  or  exposed  for  sale 
or  distribution  as  food  for'  any  human  being,  any  swill,  garbage,  refuso 
or  any  decaying  or  fermenting,  putrefying,  foul,  unwholesome,  noxious  or 
filthy  matter,  or  any  cans  or  receptacles  containing  any  material  or 
substance  with  which  cream  or  milk  might  be  diluted,  adulterated  or 
rendered  impure,  unwholesome  or  unhealthy. 

Sec.  15.  In  order  to  carry  out  the  purposes  of  this  Ordinance, 
the  said  Inspector  of  Milk,  the  said  Board  of  Health  and  all  its  officers, 
agents  and  employes  shall  have  the  right  at  any  and  all  times  to 
enter  upon  or  into  the  premises  of  any  producer  or  vendor  or  dis- 
tributor of  milk  authorized  under  the  provisions  of  this  Ordinance; 
and  any  refusal  upon  the  part  of  such  producer,  vendor  or  distributor 
to  allow  such  entry  and  such  inspection  as  may  be  required  and 
directed  by  said  Board  of  Health,  may  be  punished  by  the  revocation 
of  the  permit  of  such  producer,  distributor  or  vendor  by  the  said 
Board  of  Health. 

Sec.  16.  It  shall  be  the  duty  of  the  said  Milk  Inspector  from  time 
to  time,  or  whenever  ordered  by  the  Board  of  Health  so  to  do,  to 
inspect  the  dairies  and  other  establishments  from  which  milk  brought 
into  the  City  of  Stockton  is  obtained,  and  ascertain  to  the  satisfaction 
of  the  Board  whether  the  provisions  and  requirements  of  this  Ordi- 
nance are  constantly  complied  with. 


50  ORDINANCES. 


Sec.  17.  The  said  Inspector  of  Milk,  Board  of  Health  and  all  its 
officers,  agents  and  employes,  shall  have  the  right,  and  it  shall  be  tJieir 
duty,  to  enter  and  have  full  access,  egress  and  ingress  to  all  places 
where  milk  is  stored  or  kept  for  sale,  and  to  all  wagons,  carriages 
or  other  vehicles,  railroad  cars,  steamboats  or  conveyances  of  every 
kind  used  for  the  conveyance  or  transportation  or  delivery  of  milk, 
for  the  purpose  of  consumption  in  the  City  of  Stockton. 

Sec.  18.  The  Board  of  Health  and  all  its  officers,  agents  and 
employes,  and  the  Inspector  of  Milk,  shall  have  the  right  at  any  time 
to  take  samples  of  milk  from  any  person,  persons  or  concern  selling  or 
exposing  for  sale  or  exchanging  or  delivering  or  distributing  milk  in 
the  City  of  Stockton,  not  exceeding,  however,  one  quart  thereof,  such 
sample  to  be  taken  and  sealed  in  full  view  and  in  the  presence  of  the 
person  from  whom  said  sample  is  taken,  and  shall  then  and  there 
furnish  the  person  from  whom  such  sample  of  milk  is  taken  one-half  of 
such  sample  hermetically  sealed,  and  shall  deliver  tO'  said  Board  of 
Health  immediatelj-  the  sample  so  taken  hermetically  sealed.  Such 
samples  shall  have  written  thereon,  at  the  time  of  the  delivery  thereof 
to  said  Board  of  Health,  the  number  of  the  dealer's  permit,  and  the 
date  of  the  obtainment  of  the  sample,  and  the  name  of  the  person  by 
whom  it  was  taken,  and  a  memorandum  thereof  shall  be  made  by  the 
person  obtaining  such  sample  in  a  book  kept  for  that  purpose  in  the 
office  of  the  Board  of  Health,  showing  the  name  of  the  owner  or  driver 
from  whom,  and  the  date  when  the  same  was  taken,  and  the  number 
of  the  dealer's  permit. 

Sec.  19.  It  shall  be  the  duty  of  the  owner,  agent  or  manager  or 
any  dairy  in  the  City  of  Stockton,  or  of  any  dairy  from  which  milk  is 
brought  into  the  City  of  Stockton,  to  forthwith  report  to  the  Board 
of  Health  of  said  city,  in  writing,  anything  of  which  he  has  knowledge 
or  notice  tending  to  render  milk  obtained  from  such  dairy  unwhole- 
some, impure  or  unhealthy. 

Sec.  20.  It  shall  be  unlawful  for  any  i^erson  or  persons,  firm  or 
corporation,  to  obstruct  or  interfere  with  the  Inspector  of  Milk,  the  said 
Board  of  Health,  or  any  officer,  agent  or  employe  of  said  Board,  in  the 
performance  of  any  of  the  duties  required  by  this  Ordinance. 

Sec.  21.  Nothing-  herein  contained  shall  be  construed  to  prevent 
or  prohibit  the  use  or  manufacture  of  what  is  known  as  condensed 
milk,  or  what  is  known  as  buttermilk,  or  what  is  known  as  sour  milk, 
provided  the  same  are  made,  compounded  or  prepared  from  pure, 
clean,  fresh,  wholesome  and  unadulterated  milk  within  the  meaning 
of  this  Ordinance,  and  are  in  sound  and  wholesome  condition;  pro- 
vided, also,  that  in  case  of  condensed  milk  the  proportion  of  milk 
solids  shall  be  equivalent  to  twelve  (12)  per  centum  of  milk  solids 
in  crude  milk,  and  that  of  such  solids  twenty-six  and  one-half  (26^^) 
per  centum  shall  be  fat. 

Sec.  22.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
Ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction, shall  be  punished  as  provided  in  Section  seventy-four  (74)  of 
Ordinance  No.  53  of  the  Ordinances  of  the  City  of  Stockton. 

Sec.  23.  This  Ordinance  shall  be  in  force  and  effect  thirty  days 
from  and  after  its  passage  and  approval. 


ORDINANCES.  51 


OK^)INA^TE   No.   415. 

(Approved  June  12,  1906.)     O.  B.  7—80. 

An   Ordinance    Fixing   and    Establishing    Fire    Districts  Within  the   City 

of  Stockton. 

Section  1.     The  fire  district  of  the  City  of  Stockton  shall  comprise 
that  part  of  the  city  lying  within  the  following  boundaries,  to-wit: 

Beginning  at  a  point  where  the  center  line  of  Monroe  street  inter- 
sects the  center  line  of  Weber  avenue;  running  thence  easterly  along 
said  center  line  of  Weber  avenue  to  its  intersection  with  the  center 
line  of  Center  street;  running  thence  northerly  along  the  center  line 
of  Center  street  produced  to  its  intersection  with  the  center  line  of 
Miner  Channel;  thence  meandering  said  center  line  of  Miner  Channel 
upstream  in  an  easterly  direction  to  its  intersection  with  the  center 
line  of  American  street;  running  thence  southerly  along  the  center  line 
of  American  street  to  its  intersection  with  the  center  line  of  Channel 
street;  running  thence  easterly  along  the  center  line  of  Channel  street 
to  its  intersection  with  the  center  line  of  Stanislaus  street;  running 
thence  southerly  along  the  center  line  of  Stanislaus  street  to  its 
intersection  with  the  center  line  of  block  eight  (S),  east  of  Center  streer, 
produced  westerly;  running  thence  easterly  along  the  center  lines  of 
blocks  eight  (8)  and  nine  (9),  east  of  Center  street,  and  said  center 
lines  produced,  to  the  intersection  with  the  center  line  of .  Aurora 
street;  running  thence  northerly"  along  the  center  line  of  Aurora  street 
to  its  intersection  with  the  center  line  of  Weber  avenue;  running 
thence  easterly  along  the  center  line  of  Weber  avenue  to  its  intersec- 
tion with  the  center  line  of  Sacramento  street;  running  thence  southerly 
along  the  center  line  of  Sacramento  street  to  its  intersection  with  the 
■center  line  of  Washington  street;  running  thence  westerly  along  the^ 
center  line  of  Washington  street  to  its  intersection  with  the  center 
line  of  Grant  street;  running  thence  northerly  along  the  center  line 
of  Grant  street  to  its  intersection  with  the  center  line  of  block  seventeen 
(17),  east  of  Center  street,  produced  easterly;  running  thence  westerly 
along  the  center  lines  of  blocks  seventeen  (17)  and  sixteen  (16),  east 
of  Center  street,  and  said  center  lines,  produced,  to  the  intersection 
with  the  center  line  of  American  street;  running  thence  southerly 
along  the  center  line  of  American  street  to  its  intersection  with  the 
center  line  of  block  twenty-four  (24),  east  of  Center  street,  produced 
southerly;  running  thence  westerly  to  the  center  of  block  twenty-four 
(24),  east  of  Center  street;  running  thence  southerly  along  the  center 
lines  of  blocks  twenty-four  (24)  and  thirty-three  (33),  east  of  Center- 
■street,  and  said  center  lines  produced,  to  the  intersection  with  the 
center  line  of  Lafayette  street;  running  thence  westerly  along  the 
center  line  of  Lafayette  street  to  its  intersection  with  the  center  of 
block  thirtv-two  (32),  east  of  Center  street;  running  thence  northerly 
along  the  center  line  of  said  blocks  thirty-two  (32)  and  twenty-three 
(23),  east  of  Center  street,  to  the  center  of  said  block  twenty-three 
(23);  running  thence  westerly  along  the  center  lines  of  blocks  twenty- 
ihree  (23)  and  twentv-two  (22),  and  said  center  lines  produced,  to 
the  center  of  block  twenty-two  (22),  east  of  Center  street;  runnmg 
thence  southerlv  alons:  the  center  lines  of  blocks  twenty-two  (22)  and 
thirty-one  (31^,  east  of  Center  street,  and  said  center  lines  produced, 
to  the  intersection  with  the  center  line  of  Lafayette  street;  runnmg 
thence  westerlv  along  the  center  line  of  Lafayette  street  to  its  inter- 
section with  the  center  line  of  block  thirty-seven  (37),  east  of  Center 
:street,  produced  northerly;   running  thence  southerly. along  the  ceiiter 


52  ORDINANCES. 


lines  of  blocks  thirty-seven  (37),  forty-six  (46)  and  fifty-five  (55),  east 
of  Center  street,  and  said  center  lines  produced,  to  the  south  line  of 
block  fifty-five  (55),  east  of  Center  street;  running  thence  westerly 
along  the  south  line  of  block  fifty-five  (55),  east  of  Center  street,  an(i 
block  seventeen  i;i7),  west  of  Center  street,  and  said  lines  produced,  to 
the  center  of  block  seventeen  (17),  west  of  Center  street;  running  thence 
northerly  along  the  center  lines  of  blocks  seventeen  (17),  sixteen  (16), 
thirteen  (i;>).  ten  (10),  seven  (7)  and  four  (4),  west  of  Center  street, 
and  said  center  lines  produced,  to  the  center  of  said  block  four  (4); 
running  thence  westerly  to  the  center  of  block  five  (5),  west  of  Center 
street;  running  thence  northerly  along  the  west  line  of  lots  fifteen 
(15)  and  seven  (7),  in  block  five  (3),  west  of  Center  street,  and  said" 
lines  produced,  to  the  intersection  with  the  center  line  of  Main  street; 
running  thence  westerly  along  the  center  line  of  Main  street  to  its. 
intersection  with  the  center  line  of  Monroe  street;  running  thence 
northerly  along  the  center  line  of  Monroe  street  to  the  point  of 
beginning. 

Sec.  2.  The  blocks,  parts  of  blocks,  streets,  parts  of  streets, 
squares,  alleys  and  places  situate  within  the  above  described  boun- 
daries are  hereby  declared  to  be  the  fire  districts  of  the  City  of 
Stockton, 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  final" 
passage  and  approval. 

(IKDINANCE   No.   404. 

(Approved  December  23,  1905.)     O.  B.  7 — 59. 

An  Ordinance  Determining  the  Number,  Defining  Regular  Employes 
and  Fixing  the  Compensation  of  the  Employes  in  the  Stockton  Fire 
Department. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  aa 
follows: 

Section  1.  In  addition  to  the  Secretary  of  the  Board  of  Police 
and  Fire  Commissioners  and  the  Chief  Engineer  of  the  Stockton  Fire 
Department,  there  shall  be  an  Acting  Chief  Engineer,  when,  by  reason 
of  absence  from  the  city  or  from  any  cause  whatever,  the  Chief 
EJngineer  is  unable  to  perform  the  duties. of  his  position;  a  corporation 
yard  man,  who  shall  be  a  regular  employe;  and  for  each  steam  firo 
engine  of  said  department  in  regular  continuous  commission  there 
shall  be  a  company  consisting  of  an  engineer,  a  driver  of  engine,  a 
driver  of  hose  wagon  or  cart,  who  shall  each  be  regular  employes  of 
the  department,  and  a  foreman  and  five  hosemen,  who  shall  be  call 
men;  for  each  chemical  fire  engine  in  regular  continuous  com  mission 
there  shall  be  a  company,  consisting  of  a  captain,  a  driver  of  engine, 
and  a  lineman,  who  shall  each  be  regular  employes  of  the  department; 
for  each  hcok-and-ladder  truck  of  said  department  in  regular  continu- 
ous commission  there  shall  be  a  company,  consisting  of  a  driver  and  a 
tillerman.  who  shall  each  be  regular  employes  of  the  department;  a 
foreman  and  four  truckmen,  who  shall  each  be  call  men;  and  for  each 
extra  hose  wagon  or  cart  in  actual  service,  a  driver,  who  shall  be  a 
regular  employe  of  the  department;  in  addition  to  the  employes  of  the 
Fire  Department  herein  named,  there  shall  be  employed  as  regular 
employes  of  said  department  two  men,  to  be  known  as  subdrivers,  wha 
shall  perform  such  duties  as  may  be  assigned  to  them  by  the  Chief 
of  the  Fire  Departm.ent. 


ORDINANCES.  53 


Sec.  2.  The  compensation  of  the  employes  in  the  Stockton  Fire 
Department  shall  be  as  follows: 

Secretary  of  .the  Board  of  Police  and  Fire  Commissioners,  fifteen 
($15.00)   dollars  per  month. 

Chief  Engineer,  a  salary  not  exceeding  eighteen  hundred  ($1,800) 
dollars  per  year,  as  fixed  by  the  City  Council  under  Section  50  of  the 
Charter  of  the  City  of  Stockton. 

Acting  Chief  Engiiieer,  at  the  rate  of  one  hundred  ($100)  dollars 
per  month  for  each  and  every  day  engaged  in  performing  the  duties  of 
Chief  Ergineer. 

Corporation  yard  man.  eighty-five  ($85.00)   dollars  per  month. 

Each  foreman,  thirty   ($30.00)    dollars  per  month. 

Each  captain,  ninety  ($90.00)  dollars  per  month. 

Each  engineer  of  steam  fire  engine,  eighty-five  ($85.00)  dollars 
per  month. 

Each  driver  of  steam  or  chemical  fire  engine,,  or  hook-and-ladder 
■Iruck,  eighty-five   ($85.00)   dollars  per  month. 

Each  driver  of  hose  wagon  or  cart,  each  lineman  and  tillerman, 
eighty-five  ($85.00)  dollars  per  month. 

Each  subdriver,  eighty-five  (ijiSn.OO)  dollars  per  month. 

And  each  hoseman  and  truckman  of  the  department,  twenty 
($20.00)  dollars  per  month. 

Sec.  3.  All  Ordinances  and  parts  of  Ordinances  in  conflict  with 
this  Ordinance  are  hereby  repealed. 

Sec.  4.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

ORDIXAXCE   Xo.   82. 

(Approved  March   16,   1892.) 

Providing  for  the  Appointment  From  the  Police  Force  of  the  City  of, 
Stockton  of  a  Captain  of  Police,  and  Providing  for  His  Compensa- 
tion and  Duties. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Whereas,  the  increase  of  the  population  and  the  inter- 
ests of  the  City  of  Stockton  require  and  demand  a  Captain  of  the 
Police  Department  of  the  City  of  Stockton,  therefore  that  there  be 
and  hereby  is  established  the  office  of  Captain  of  Police  of  the  Stockton 
Police  Department,  and  such  officer  is  hereby  designated  Captain  of 
Police. 

Sec.  2.  That  such  Captain  of  Police  shall  be  appointed  by  the 
Board  of  Police  and  Fire  Commissioners  of  the  City  of  Stockton,  and 
the  person  so  appointed  shall  be  and  for  at  least  one  year  immediately 
prior  to  his  appointment  shall  have  been  a  member  of  the  regular 
police  force  of  the  City  of  Stockton. 

Sec.  3.  The  duties  of  said  Captain  of  Police  shall  be  such  as  are 
now  required  of  ihe  Chief  of  Police  of  this  city,  and  such  other  duties 
as  the  Board  of  Police  and  Fire  Commissioners  may,  by  rule,  from  time 
to  time  prescribe. 

Sec.  4.  The  salary  of  said  Captain  of  Police  shall  be  the  sum  of 
$90  per  month. 

Sec.  5.  The  said  Captain  of  Police  shall,  subject  to  the  provisions 
of  Section  143  of  the  City  Charter,  hold  office  up  to  the  15th  day  of 
July,  1893,  and  from  thence  thereafter  his  duration  of  office  shall  be 


54  ORDINANCES. 


two  years.  And  at  the  expiration  of  his  term  of  office  he  shall  become 
and  be  one  of  the  policemen  on  the  regular  force  of  the  City  of 
Stockton. 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  passage 
and  approval. 

OlIDINANC^E   No.   114. 

(Approved  May  2.5,  1893.) 

Fixing  the  Compensation  of  the  City  Surveyor  for  Work  Performed  by 
Him  Upon  the  Streets,  Lanes,  Alleys,  Courts,  Places  and  Sidewalks, 
and  for  the  Construction  of  Sewers  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  compensation  of  the  City  Surveyor  of  the  City  of 
Stockton  for  all  work  performed  by  him,  under  the  provisions  of  an 
Act  entitled  "An  Act  to  provide  for  work  upon  streets,  alleys,  lanes, 
courts,  places  and  sidewalks,  and  for  the  construction  of  sewers  within 
municipalities,"  which  said  Act  is  commonly  known  as  the  Vrooman 
Act,  is  hereby  fixed  as  follows: 

For  grading,  curbing  and  graveling,  not  more  than  460  feet,  at  the 
rate  of  10  cents  per  running  foot. 

For  grading,  curbing  and  graveling,  all  over  460  feet,  at  the  rate  of 
7  cents  per  running  foot. 

For  grading  and  curbing,  per  running  foot,  6  cents. 

For  graveling  and  curbing,  per  running  foot,  5  cents. 

For  paving,  macadamizing  and  curbing,  per  running  foot,  10  cents. 

For  const]  ucting  sidewalks,  per  running  foot,  3  cents. 

For  constructing  sewers,  including  preparation  of  district,  assess- 
ment diagram,  per  running  foot  of  ocwers  constructed,  5  cents. 

Sec.  2.  The  City  Surveyor  shall  be  entitled  to  collect  for  doing 
any  of  the  work  mentioned  in  this  section  at  the  following  rates: 

For  surveying  single  lot  and  establishing  sidewalk  grade  for 
same.  ^7. 

For  establishing  sidewalk  grade,  one  side  of  block,  $4. 

For  establishing  sidewalk  grade,  one  lot,  $2.50,  and  for  two  lots  or 
more   (but  less  than  one  block),  $3.50. 

Sec.  3.  The  fees  provided  in  Sections  1  and  2  of  this  Ordinance 
shall  be  full  compensation  for  all  the  services  rendered  by  the  City^ 
Surveyor  on,  in  or  about  any  of  the  work  hereinbefore  mentioned,  and 
are  in  addition  to  the  salary  provided  for  the  City  Surveyor  of  the  City 
of  Stockton  by  Section  50  of  the  Charter  of  said  city. 

Sec.  4.  All  Ordinances  or  parts  of  Ordinances  so  far  as  they  are 
In  conflict  with  the  provisions  of  this  Ordinance  are  hereby  repealed. 

Sec.  5.  This  Ordinance. shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

ORDINANCE   No.   1G3. 

(Approved    November   29,    1895.) 
Establishing    an    "Urgent   and    Necessity    Fund,"    and    Providing    Funds 

Therefor. 

Be  it  ordained  by  the  City  Council  ot  the  City  of  Stockton  as 
follows: 

Section  1.  There  is  hereby  established  and  provided  under  the 
provisions   of   Subdivision    41    of    Section    30    of   the    City    Charter   an 


ORDINANCES.  55 


urgent  and  necessity  fund,  which,  fund  shall  be  expended  under  the 
direction  of  the  Mayor.  Such  fund  shall  never  exceed  the  sum  of  $500 
in  any  fiscal  year,  and  shall  consist  of  such  moneys  as  the  City  Coun- 
cil shall  from  time  to  time  set  apart  for  that  purpose  from  the  general 
fund. 

Sec.  2.  The  City  Council  may  provide  by  resolution  for  the  pay- 
ment out  of  the  general  fund  of  such  sums  for  such  urgent  and  neces- 
sity fund  as  they  may  deem  proper,  not  exceeding,  however,  the  sum  of 
$500  in  any  fiscal  year. 

Sec.  3.  The  Mayor  shall  report  to  the  City  Council  at  least  once 
in  three  months  the  condition  of  such  fund  and  his  expenditures  there- 
under. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


RESOLUTION  FIXING  A^EOUNT  OP  OFFICIAL 

BOXDSl 

(Adopted  May  22,  1905.) 

Be  it  resolved  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

That  the  Mayor,  members  of  the  City  Council,  the  City  Clerk, 
City  Assessor  (who  is  ex-ofRcio  Treasurer  and  Tax  Collector),  City 
Auditor,  City  Engineer-,  City  Attorney,  Prosecuting  Attorney,  Superin- 
tendent of  Streets  (who  is  ex-ofRcio  Harbormaster),  City  Superin- 
tendent of  Schools,  School  Directors,  Libraiy  Trustees,  Police  and  Fire 
Commissioners,  Chief  of  Police,  Chief  of  the  Fire  Department,  Park 
Commissioners  and  the  Citj"  Justice,  shall  each,  within  ten  days  after 
mailing  or  delivery  to  him  of  his  certificate  of  election  or  apiK>intment, 
file  an  official  bond,  with  two  or  more  sureties,  duly  qualified,  con- 
ditioned according  to  law,  in  the  respective  sums  following: 

The  Mayor $  10,000 

The  City  Clerk 10,000 

The  City  Assessor 5,000 

The  City  Treasurer 100,000 

The  City  Tax  Collector 50,000 

The  City  Auditor 10,000 

The  Superintendent  of  Streets  5,000 

The  Harbormaster 5,000 

The  City  Attorney 5,000 

The  Prosecuting  Attorney   2,000 

Each  Police  and  Fire  Commissioner 1,000 

The  Chief  of  Police 5,000 

The  Chief  of  the  Fire  Department 2,000 

Each  School  Director 2,000 

Each  Park  Commissioner 1,000 

Bach  Library   Tnistee    __.   " 2,000 

Each  Member  of  the  City  Council , 5,000 

The  City  Engineer  5,000 

The  City  Superintendent  of  Schools 5,000 

The  City  Justice  5,000 

The  bonds  of  the  respective  officers  above  named  shall  be  pre- 
sented, accepted  and  filed  within  ten  days  subsequent  to  the  mailing 
or  delivery  to  said  officers  of  their  certificates  of  election  or  apix>int- 
ment,  respectively. 


56  ORDTNANCES. 


RESOLUTION   FIXING   SALARIES. 

(Adopted  April  15,  1907.) 

Resolved,  That  the  annual  salaries  and  compensations  of  the 
following  officers  and  employes  of  the  City  of  Stockton,  commencing 
on  the  first  Monday  in  June,  1907,  be  and  the  same  are  fixed  as  per 
the  following  schedule: 

Mayor , $2,500  per  year 

Each  member  of  the  Council--.. 300  per  year 

Auditor    1,800  per  year 

Superintendent  of  Streets 1,800  per  year 

City  Clerk   1,800  per  year 

City  En.^ineer  (and  such  fees  as  are  or  may  be  allowed 

by  ordinance)    600  per  year 

City  Attorney  1,500  per  year 

Prosecuting  Attorney  900  per  year 

FIRE    DEPARTMENT. 

Chief  Engineer $1,800  per  year 

Eiach  Captain  1,200  per  year 

Bach  Foreman    360  per  year 

Each  Engineer  of  Steamer 1,200  per  year 

Each  Driver 1,200  per  year 

Each  Tillerman    1,200  per  year 

Each  Hoseman  240  per  year 

Corporation  Yard  Man 1,200  per  year 

Each  Truckman 240  per  year 

Secretary    of    Police    and    Fire    Commission    (one-half 

salary  charged  to  each  department) ,__  180  per  year 

POLICE   DEPARTMENT. 

Chief  of  Police $1,800  per  year 

Captain  of  Police 1,500  per  year 

Detective 1,380  per  year 

Each  Patrolman _- 1,200  per  year 

Each   Clerk    1,104  per  year 

Patrol  Driver 1,104  per  year 


Streets,  Sidewalks,  Etc. 

Including  Grades,  Curbs,  Gutters   and   Accepted   Streets. 

(^lIDINxlNdE   No.   7. 

(Being  originally  No.  310,  approved  July  29,  1890.) 

Fixing  the  Grades  of  the  Curbs  and  Gutters  of  the  Streets  of  the  City 

of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  A  map  of  the  City  of  Stockton,  entitled  "Map  of  the 
City  of  Stockton,  showing  the  curb  and  gutter  grades,"  and  also 
marked,  in  the  lower  right-hand  corner,  "Filed  this  14th  day  of  July, 
1890,  as  being  part  of  Ordinance  Number  310. '  C.  A.  Campbell,  City 
Clerk,"  is  herehy  made  and  declared  to  be  the  official  grade  map 
of  the  City  of  Stockton  nnd  a  part  of  this  Ordinance,  and  the  grades 
indicated  by  the  figures  upon  said  map  are,  as  hereinafter  described, 
declared  to  be  the  official  grades  of  the  curbs  and  gutters  of  sai'i 
streets. 


ORDINANCES.  •  67 


Sec.  2.  The  numbers  on  said  map  marked  in  blue  ink  represent 
in  feet  and  hundredths  of  a  foot  the  elevations  of  the  curbs  at  each 
intersection.  Where  but  one  number  in  blue  ink  is  marked  at  an  inter- 
section it  indicates  the  elevation  of  each  of  the  corners  of  such  inter- 
section; where  numbers  in  blue  ink  are  placed  at  each  of  the  corners 
of  an  intersection  each  number  indicates  the  elevation  of  the  curb  at 
the  corner  of  the  intersection  nearest  to  the  number. 

Sec.  3.  The  numbers  on  said  map  marked  in  red  ink  indicate  in 
feet  and  hundredths  of  a  foot  the  elevations  of  the  gutters  at  eacli 
corner  of  each  intersection,  each  number  indicating  the  elevation  of 
the  gutter  at  the  comer  nearest  to  said  number.  In  all  instances  where 
no  number  in  red  ink  is  placed  at  the  corners  of  the  intersections  the 
gutters  shall  be  seven  inches  below  the  curb  grades  of  such  corners. 

Sec.  4.  The  curb  and  gutter  grades  for  all  points  between  those 
hereinbefore  fixed  shall  be  in  the  straight  line  joining  the  grades  of 
the  curbs  and  gutters  respectively,  as  hereinbefore  fixed  for  the  ad- 
jacent corners. 

Sec.  5,  The  base  of  levelsor  elevations  marked  on  the  said  map 
for  the  curb  and  gutter  grades  is  a  level  plane  distant  102.8  feet 
Delow  a  certain  brass  peg  one-half  an  inch  in  diameter  located  in  the 
granite  wall  of  the  new  San  Joaquin  County  Courthouse,  and  at  a 
point  in  the  north  recess  of  ihe  northeast  comer  of  said  Courthouse, 
about  six  inches  above  the  brickwork  of  the  basement.  Immediately 
above  said  peg  are  the  letters  "B.  M."  cut  into  the  wall. 

Sec.  6.  The  provisions  of  this  Ordinance  shall  not  be  construed 
as  applying  to  any  improvements  for  v/hich  resolutions  of  intention 
have  been  already  passed. 

Sec.  7.  All  Ordinances  and  parts  of  Ordinances  in  conflict  with 
any  of  the  provisions  of  this  Ordinance  are  hereby  repealed. 

Sec.  8.  This  Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 

[NOTE. — Curb  and  gutter  grades  fixed  in  the  foregoing  Ordinance 
have  been  changed  on  the  follov/ing-named  streets,  by  resolutions  of 
intention  adopted  by  the  City  Council,  to-wit:  Weber  avenue  from 
American  to  Sacramento  street;  San  Joaquin  street  from  Taylor  street 
to  a  point  100  feet  north  of  Taylor  street;  ]\Iain  street  from  Sutter  to 
San  Joaquin  street  and  from  Hunter  to  El  Dorado  street;  Weber  avenue 
from  Stanislaus  to  Aurora  street;  and  said  resolutions  are  as  follows 
hereafter.] 

OKDIXA^'CE  Xo.   432. 

(Approved  November  27,  1906.)     O.  B.  7—124. 

An  Ordinance  Declaring  the  Grade  of  Sonora  Street,  Between  the  East 
Line  of  Aurora  Street  and  the  West  Line  of  Sacramento  Street,  to 
Be  Changed,  and  Establishing  the  Grade  of  the  Same. 
The  City  Council  of  the  City  of  Stockton  having  on  the  19th  day  of 
February,  1906,  duly  passed  a  resolution    of    intention    to    change    and 
establish  the  grade  of  Sonera  street  between  the  east  line  of  Aurora 
street  and  the  west  line  of  Sacramento  street  in  this  city,  and  describing 
and  establishing  the  district  to  he  bounded  by  such  change  or  modi- 
fication of  grade,  and  the  Superintendent    of    Streets    having    caused 
notices  of  the  passage  of  such  resolution  of  intention  to  be  conspicu- 
ously posted  within  said  district    in    the    manner    and    form    required 
by  law,  and  no  objection  to  said  proposed    change   or    modification    of 
grade  having  been  filed  with  the  Clerk  of  this  Council,  and  the  petition 


58  .  ORDINANCES. 


of  the  owners  of  all  of  the  property  affected  by  said  proposed  change 
of  grade  having  been  duly  filed  with  the  Clerk  and  presented  to  this 
City  Council; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  grade  of  Sonora  street,  in  the  City  of  Stockton, 
between  the  east  line  of  Aurora  street  and  the  wesit  line  of  Sacra- 
mento street,  is  declared  to  bo  and  the  same  is  hereby  changed  and 
established  in  conformity  with  said  resolution  of  intention  as  tollows: 

First — The  curl)  grade  at  the  intersection  of  said  Sonora  street 
with  Aurora  street  is  hereby  ^ixed  as  at  present  at  102.67  feet  above 
I  he  datum  plane  of  the  Stockton  City  levels. 

Second — The  curb  grade  at  a  point  50  feet  west  of  the  west  line  of 
Sacramento  street  is  hereby  fixed  at  103  feet  above  said  datum. 

Third — The  curb  grade  at  the  west  line  of  Sacramento  street  is 
fixed  at  104.60  feet  above  said  datum. 

Fourth — The  lower  gutter  grade  is.  hereby  fixed  at  seven  inches 
below  said  curb  grades. 

Fifth — The  grade  of  the  crown  of  said  street  is  hereby  fixed  for 
macadamizing  or  graveling  at  fourteen  inches  above  said  lower  gutter 
grade. 

Sixth — The  grades  of  each  of  the  curb,  gutter  and  crown  slope 
uniformly  between  said  points  as  fixed  for  curb,  gutter  or  crown  grade. 

Sec.  2.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


EESOLUTTON   OF  INTENTION  No.   118. 

Resolved,  That  it  is  the  intention  of  the  City  Council  of  the  City 
of  Stockton  to  order  the  following  changes  in  street  grades  to  be 
made,  to-wit: 

First — At  the  two  corners  on  the  north  side  of  the  intersection 
of  American  street  and  Weber  avenue  the  curb  grade  shall  be  changed 
to  101.00  feet  above  the  base  of  levels  for  the  grades  of  the  City  of 
Stockton,  as  fixed  by  Ordinance  No.  7  (originally  310)  of  said  city;  and 
that  the  gutter  grade  at  said  corners  shall  be  changed  to  100.25  feet 
above  said  base. 

Second — At  the  two  corners  on  the  north  side  of  the  intersection 
of  Weber  avenue  and  Stanislaus  street  the  curb  grade  shall  be 
changed  to  101.50  feet  and  the  gutter  grade  to  100.75  feet  above  said 
base. 

Third — On  Stanislaus  street,  100  feet  north  of  the  north  line  of 
Weber  avenue,  the  curb  grade  for  both  sides  of  the  street  shall  be 
100.47  feet,  and  the  gutter  grade  99.72  feet  above  said  base. 

Fourth — At  the  two  corners  on  the  north  side  of  the  intersection 
of  Weber  avenue  and  Grant  street  the  curb  grade  shall  be  changed  to 
102.00  feet  and  the  gutter  grade  to  101.25  feet  above  said  base. 

Fifth — At  the  two  corners  on  the  north  side  of  Weber  avenue  and 
Aurora  ctreet  the  curb  shall  be  changed  to  102.50  feet  and  the  gutter 
.  grade  to  101.75  feet  above  said  base. 

Sixth — On  Aurora  street,  100  feet  north  of  the  north  line  of  Weber 
avenue,  the  curb  grade  for  both  sides  of  the  street  shall  be  101.47  feet 
and  the  gutter  grade  100.72  feet  above  said  base. 


ORDINANCES.  5» 


Seventh — At  the  northwest  corner  of  the  intersection  of  Weher 
avenue  and  Sacramento  street  the  curb  grade  shall  be  changed  to 
103.50  feet  and  the  gutter  grade  to  102.75  feet  above  said  base. 

Resolved,  That  the  district  to  be  affected  by  said  changes  in  the 
grades  is  hereby  designated  and  established  as  being: 

Lots  2,  4,  6,  8,  10,  12  and  14,  in  block  07;  lots  1,  2,  4,  6,  8,  10,  12 
and  13,  in  block  68;  lots  2,  4,  6,  8,  10,  11,  12  and  14,  in  block  69;  lots 
1,  2,  4,  6,  8,  10,  12  and  13,  in  block  70;  lots  2,  4,  6,  8,  10,  11,  12  and  14,  in 
block  229 — all  east  of  Center  street  in  the  City  of  Stockton  as  same  are 
known  and  designated  upon  the  ofiicial  map  and  plat  of  said  City  of 
Stockton,  and  which  said  above  described  property  shall  be  and  is 
hereby  constituted  and  designated  the  Assessment  District  within 
which  there  shall  be  levied,  and  upon  the  lands,  lots  or  ix)rtions  of 
lots  therein  situate  shall  be  assessed  and  imposed  an  assessment  to 
cover  the  total  amount  of  the  costs  and  expenses  of  such  proposed 
work,  as  provided  by  law. 

The  Stockton  Daily  Independent  is  hereby  designated  as  the  daily 
newspaper  published  and  circulated  in  this  city  in  which  this  Resoiu- 
tton  of  Intention  shall  be  published  for  two  days  and  the  notice  thereof 
for  six  days,  as  often  as  said  newspaper  is  issued  therein.  The  Clerk 
of  this  Council  is  hereby  directed  to  publish  therein  and  post  this 
resolution  for  two  davs  conspicuously  near  the  chamber  door  of  said 
City  Council.  '  W.   C.   NEUMILLER. 

Adopted  May  24,  1898,  by  the  following  vote: 

Ayes — Councilmen  Neumiller,  Quinn,  Wagner,  Williams  and  Harri- 
son. 

Noes — None, 

Attest:  I.   H.   ROBINSON,   City  Clerk. 

W.  B.  HARRISON, 
President  of  the  City  Council. 


RESOLUTION  OF  INTENTION  No.  111. 

Resolved,  That  it  is  the  intention  of  the  City  Council  of  the  City 
of  Stockton,  County  of  San  Joaquin,  State  of  California,  to  order  the 
following  change  in  the  grade  of  San  Joaquin  street: 

That  the  curb  grade  of  said  street  at  its  intersection  with  the 
north  line  of  the  roadv/ay  of  Taylor  street  be  raised  IS  inches  and 
the  gutter  grades  ct  said  intersection  be  raised  22  inches,  and  that 
the  curb  and  gutter  grades  from  said  intersection  slope  gradually  from 
the  said  raised  grades  to  the  present  curb  and  gutter  grades  at  a  line 
100  feet  north  of  the  north  line  of  the  said  Taylor  street. 

The  Daily  Record  is  hereby  designated  as  the  daily  newspaper, 
published  and  circulated  in  this  city,  in  which  this  Resolution  of  Inten- 
tion shall  be  published  for  ten  days,  as  often  as  said  newspaper  is 
issued  therein. 

Adopted  November  28,  1899,  by  the  following  vote: 

Ayes — Councilmen  Dickinson,  Quinn,  Turner  and  W^illiams. 

Absent — Councilman  Neumiller. 

Attest:  .  I.   H.   ROBINSON,   City   Clerk. 

C.  E.  WILLIAMS, 
President  of  the  City  Council. 

Approved  this  29th  day  of  November.  1899. 

W.  B.  HARRISON, 
.    .  Mayor  of  the  City  of  Stockton. 


^0  •       ORDINANCES. 


KESOI.UTION  OF  INTENTION  No.  152. 

Resolved,  That  it  is  the  intention  of  the  City  Council  of  the  City 
of  Stockton,  Count}'  of  San  Joaquin,  State  of  Califoraia,  to  change  the 
grade  of  Main  street  as  follows,  to-wit: 

First — That  the  grade  of  the  gutter  of  said  Main  street  at  the  west 
line  of  Sutter  street,  be  changed  so  that  it  shall  be  four  inches  below 
the  curb  grade  instead  of  nine  inches  below,  as  it  is  at  present. 

Second — That  the  gutter  grade  of  said  block  be  made  to  run 
uniformly  from  the  above  proposed  grade  at  Sutter  street  to  the 
■existing  grade  at  San  Joaquin  street. 

Third — That  the  grade  of  the  gutter  of  the  said  Main  street  at  the 
west  line  of  Hunter  street  and  flunter-street  square  be  changed  so 
that  it  shall  be  four  inches  below  the  curb  grade  instead  of  nine  inches 
below,  as  it  is  at  present. 

Fourth — That  the  gutter  grade  of  said  street  be  made  to  run 
uniformly  from  the  above  proposed  grade  at  Hunter  street  to  the 
■existing  grade  at  El  Dorado  street. 

Fifth — That  the  grade  of  the  center  of  the  street  be  made  to 
remain  as  at  present,  flush  with  the  top  of  the  curbs  opposite. 

The  Daily  Record  is  hereby  designated  as  the  daily  newspaper 
published  and  circulated  in  this  city,  in  which  this  Resolution  of  Inten- 
tion shall  be  published  for  ten  days,  as  often  as  said  newspaper  is 
issued  therein.  The  Clerk  of  this  Council  is  hereby  directed  to  publish 
therein  this  resolution  for  ten  days. 

Adopted  May  24,  1900,  by  the  following  vote: 

Ayes — Councilmxen  Dickinson,  Neumiller,  Turner  and  Williams. 

Noes — None. 

Absent — Councilman  Quinn. 

Attest:  I.   H.   ROBINSON,   City  Clerk. 

C.  E.  WILLIAMS, 
President  of  the   City  Council. 

Approved  this  2.5th  day  of  May,  1900. 

W.  B.  HARRISON, 

Mayor  of  the  City  of  Stockton. 


RESOLUTION  OF  INTENTION  No.  153. 

Resolved,  That  it  is  the  intention  of  the  City  Council  of  the  City 
of  Stockton,  County  of  San  Joaquin,  State  of  California,  to  order  the 
following  changes  in  the  grades  of  Weber  avenue  in  said  city,  to-wit: 

That  the  grade  of  the  gutters  on  said  Weber  avenue  at  the  west 
line  of  each  of  the  intersections  with  Aurora,  Grant  and  Stanislaus 
streets,  be  changed  so  that  the  bottom  of  the  gutter  shall  be  four 
inches  below  the  grades  of  the  curbs  at  those  points,  and  run  uniformly 
to  the  present  grades  of  the  gutters  on  the  east  side  of  each  of  the 
streets  next  west  of  each  of  the  said  Aurora,-  Grant  and  Stanislaus 
streets.  And  that  the  grade  of  the  crown 'of  said  avenue,  from  the 
west  line  of  Aurora  street  to  the  east  line  of  American  street,  be  fixed 
for  macadam  at  20  inches  above  the  gutter  grade  opposite. 

The  Stockton  Daily  Independent  is  hereby  designated  as  the  daily 
newspaper  published  and  circulated  in  this  city,  in  which  this  Reso- 


ORDINANCES.  61 


iTition  of  Intention  shall  be  published  for  ten  days,  as  often  as  said 
aewspaper  is  issued  therein,  and  the  Clerk  of  the  Council  is  hereby 
directed  to  publish  this  resolution  in  said  newspaper. 

W.  C.  NEUMILLER. 
Adopted  July  24,  1900,  by  the  following  vote: 

Ayes — Councilmen  Dickinson,   Neumiller,   Turner  and  Williams. 

Absent — Councilman  Quinn. 

Attest:  I.   H.   ROBINSON,   City  Clerk. 

C.  E.  WILLIAMS, 
President  of  the  City  Council. 

Approved  this  25th  day  of  July,  1900. 

W.  B.  HARRISON, 
Mayor  of  the  City  of  Stockton. 


OITDINANCE   No.   185. 

(Approved   April    10,    1S97.) 

Fixing  the  Grades  of  the  Curbs  and  Gutters  of  the  Streets  of  a  Portion 

of  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  aa 
follows: 

Section  1.  A  map  of  that  portion  of  the  City  of  Stockton  lying 
between  the  west  line  of  Edison  street  and  the  west  line  of  West 
street  and  between  the  north  line  of  the  Stockton  Channel  and  the 
south  line  of  Rose  street,  entitled  and  indorsed:  "Supplementary  Grade 
Map,  No.  1,  of  a  portion  of  the  City  of  Stockton  lying  between  the  west 
line  of  Edison  street  and  the  west  line  of  West  street  and  between  the 
north  line  of  the  Stockton  Channel  and  the  south  line  of  Rose  street. 
Black  figures  at  street  intersections  show  curb  elevations  referred  to 
same  datum  as  used  in  the  city  grade  map,  filed  July  14,  1S90,  as  part 
of  Ordinance  No.  310.  Gutter  grades  are  seven  inches  lower  than 
curb  grades;"  also  indorsed  in  the  lower  left-hand  comer:  "Made  by 
order  of  the  City  Council  of  the  City  of  Stockton  by  H.  T.  Compton, 
City  Surveyor."  And  also  marked:  "Filed  this  22d  day  of  March,  1897, 
as  being  part  of  Ordinance  No.  185.  H.  R.  Campbell,  City  Clerk,"  ia 
hereby  made  and  declared  to  be  the  oflicial  grade  map  of  that  portion 
of  the  City  of  Stockton  hereinbefore  described  and  a  part  of  this 
Ordinance,  and  the  grades  indicated,  specified  and  provided  for  therein, 
are  declared  to  be  the  official  grades  of  the  curbs  and  gutters  of  the 
streets  represented  and  marked  upon  said  map. 

Sec.  2.  This  Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage  and  approval. 


OEDINANOE   >^o.   8. 

(Being  No.  326,  approved  April  9,  1891.) 

Relating   to   Grading   and   Other    Improvements   of  Streets   and    Fixing 

the  Grades  of  the  Same. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  aa 
follows: 

Section  1.  The  surface  grade  of  the  crown  or  center  line  of  every 
Street  or  avenue  hereafter  improved  shall  be  above  the  lower  gutter 
grade  along  such  street  or  avenue  as  follows:  For  pavement  with 
bituminous  rock  or  stone  blocks,  nine  inches;  for  macadam  or  graveling, 


62  ORDINANCES. 


if  on  an  avenue,  eighteen  inches;  if  on  a  street  running  east  and  west, 
fourteen  inches;  if  on  a  street  running  north  and  south,  eighteen 
inches;  excepting  Scott's  and  Mormon  avenues  west  of  Stanislaus 
street,  where  in  any  case  the  same  shall  be  two  feet  and  six  inches; 
excepting,  also,  Weber  avenue  from  Aurora  street  to  Union  street, 
where  in  any  case  the  same  shall  slope  uniformly  between  and  to  the 
grades  of  the  intersections  as  they  are  hereinafter  fixed. 

Sec.  2.  The  surface  grade  of  the  intersections  of  all  streets  or 
avenues  shall  at  the  apexes  or  crowns  thereof  be  two  inches  above 
the  mean  of  the  points  where  the  center  lines  of  the  intersecting 
streets  or  avenues  meet  the  boundary  lines  of  such  intersections; 
excepting  at  the  intersection  of  Weber  avenue  and  Sacramento  street, 
where  the  same  shall  be  105.00  feet  above  the  official  base  or  datum 
plane 

Sec.  3.  The  cross  section  of  the  surface  grade  of  every  street  or 
avenue  shall,  if  such  street  or  avenue  is  paved  or  macadamized,  be  the 
arc  of  a  circle  passing  through  the  crown  or  center  line  aforesaid,  and 
the  lines  of  the  gutter  grades  along  said  street  or  avenue;  if  such, 
street  or  avenue  is  graveled,  the  same  shall  slope  uniformly  from  the 
crown  or  center  line  to  the  lines  of  the  gutter  grades  along  such  street 
or  avenue. 

Sec.  4.  The  cross  section  of  the  surface  grade  of  sidewalks  shall 
slope  downward  from  the  division  line  between  the  street  and  the 
abutting  blocks,  squares  or  lots,  and  towards  and  to  the  curb  line,  at 
the  rate  of  one-quarter  of  an  inch  to  the  foot. 

Sec.  5.  The  earth  grade  of  any  street  or  avenue  hereafter  graded 
shall  be: 

For  intended  paving,  eight  and  one-half  inches  at  the  crown  and 
also  at  the  gutters  below  the  surface  grade. 

For  intended  macadamizing,  eight  -inches  at  the  crown  and  six 
inches  at  the  gutters  below  the  surface  grade,  except  as  otherwise  by 
the  City  Council   determined. 

For  intended  graveling,  twelve  inches  at  the  crown  and  six  inches 
at  the  gutters  below  the  surface  grade. 

For  grading  without  paving,  macadamizing  or  graveling,  at  the 
crown  five  inches  above  and  at  the  gutters  six  inches  below  the  gutter 
grade. 

The  earth  grade  for  the  sidewalk  space  shall  be  the  curb  grade. 

Sec.  6.  The  cross  section  of  the  surface  of  the  earth  grade  shall, 
for  paving,  be  the  arc  of  a  circle  concentric  with  that  of  the  surface 
grade;  for  graveling,  and  for  grading  without  paving,  macadamizing 
or  graveling,  the  same  shall  slope  uniformJy  from  the  crown  to  the 
gutters;  for  macadamizing,  the  same,  unless  otherwise  determined  by 
the  City  Council,  shall  be  so  that  the  thickness  of  the  superincumbent 
layer  of  macadam  shall  decrease  uniformly  from  eight  inches  at  the 
crown  to  six  inches  at  ihe  gutter.?. 

Sec.  7.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

[NOTE. — Sections  1  and  2  of  the  foregoing  Ordinance  have  been 
amended  by  Ordinance  No.  183,  and  also  by  Resolution  of  Intention 
No.  153.]  .    ; 


ORDINANCES.  63 


ORDINANCE   No.   435. 

(Approved  December  24,  1906.)     O.  B.  7 — 130. 

Relating   to   Grading    and   Other   Improvements   of   Streets   and    Fixing 

the  Grades  of  the  Same. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  surface  grade  of  the  crown  or  center  line  of  every 
Ftreet  or  avenue  hereafter  improved  shall  be  above  the  lower  gutter 
grade  along  such  street  or  avenue  as  follows:  For  pavement  with 
l)ituminous  rock  or  stcne  blocks,  nine  inches;  for  macadam  or  gravel- 
ing, if  on  avenue,  eighteen  inches;  if  on  a  street  running  east  and 
west,  fourteen  inches;  if  on  a  street  running  north  and  south, 
eighteen  inches;  excepting  Scott's  and  Mormon  avenues  west  of 
Stanislaus  street,  where  in  any  case  the  spme  shall  be  two  feet  and 
six  inches;  excepting,  also,  Weber  avenue  from  Aurora  street  to 
Union  street,  where  in  any  case  the  same  shall  slope  unifonn.ly 
between  the  two  grades  of  the  intersections  as  they  are  hereinafter 
fixed;  and  excepting,  also,  Sacramento  street  from  Main  street  to 
Park  street,  where  the  same  shall  ])e  one  hundred  and  three  and 
92-100  (103.92)  feet  above  the  official  base  or  datum  plane. 

Sec.  2.  The  surface  of  the  intersections  of  all  streets  or  avenues 
shall,  at  the  apexes  or  crowns  thereof,  be  two  inches  above  the  mean 
-of  the  points  where  the  center  lines  of  the  intersecting  streets  or 
avenues  meet  the  l)Oundnry  lines  of  such  intersections,  excepting  at 
the  intersections  of  Sacramento  street  with  Main  street,  Weber  avenue, 
Channel  street,  Miner  avenue,  Lindsay  street,  Fremont  street.  Oak 
street  and  Park  street,  where  the  same  shall  be  one  hundred  and 
three  and  92-100  (103.92)  feet  above  the  official  base  or  datum  plane. 

Sec.  3.  The  cross  section  of  the  surface  grade  of  the  roadway 
of  every  street  or  avenue  hereafter  improved  shall,  if  such  street  or 
avenue  is  paved  or  macadamized,  or  graveled,  or  macadamized  and 
oiled,  or  graveled  and  oiled,  be  the  arc  of  a  circle  passing  through  the 
crown  or  center  line  aforesaid,  and  the  lines  of  the  gutter  grades 
along  said  street  or  avenue. 

Sec.  4.  The  cross  section  of  the  surface  grade  of  sidewalks  shall 
slope  downward  from  the  division  line  between  the  street  and  the 
abutting  blocks,  squares  or  lots  and  towards  and  to  the  curb  line  at  the 
rate  of  one-quarter  of  an  inch  to  the  foot. 

Sec.  5.  The  earth  grade  of  the  roadv/ay  of  any  street  or  avenue 
hereafter  graded  shall  be: 

For  intended  paving,  eight  inches  at  the  crown  and  also  at  the 
g^utters  below  the  surface  grade,  except  as  otherwise  bj-  the  City 
Council  determined. 

For  intended  macadamizing,  seven  inches  at  the  crown  and  five 
inches  at  the  gutters  below  the  surface  grade,  except  as  otherwise 
by  the  City  Council  determined. 

For  intended  graveling,  eight  inches  at  the  crown  and  six  inches 
at  the  gut^ei-s  below  the  surface  grade,  except  as  otherwise  by  the 
City  Council  de^^ermined. 

For  intended  macadamizing,  with  oiling,  seven  and  one-half  inches 
at  the  crown  and  five  and  one-half  inches  at  the  gutters  below  the 
surface  grade,  except  as  otherwise  by  the  City  Council  determined. 

For  intended  gvaveling,  with  oiling,  eight  and  one-half  inches  at 
4-he  crown  and  six  and  one-half  inches  at  the  gutters  below  the  surface 
grade,  except  as  otherwise  by  the  City  Council  determined. 


64  ORDINANCES. 


For  grading  only,  seven  inches  at.  the  crown  and  five  inches  at 
the  gutters  below  surface  macadam  or  gravel  grade  as  fixed  in  this 
Ordinance. 

The  earth  grade  for  the  sidewalk  space  shall  be  the  curb  grade.  ■" 

Sec.  6.  The  cross  section  of  the  earth  grade  of  the  roadway  shall 
in  all  cases  be  an  arc  of  a  circle.  For  intended  paving,  the  arc  of 
cross  section  shall  be  concentric  with  the  surface  grade  as  determined 
by  the  thickness  of  the  pavement.  For  intended  macadamizing  or 
graveling,  or  macadamizing  and  oiling,  or  graveling  and  oiling,  the 
arc  of  cross  section  shall  be  fixed  by  the  bottom  of  the  superincumbent 
layer  of  material,  the  thickness  of  which  shall  be  as  determined  by 
the  City  Council. 

Sec.  7.  Ordinances  No.  8  and  No.  183  of  the  Ordinances  of  the 
City  of  Stockton  are  and  each  of  them  is  hereby  repealed. 

Sec.  8.  This  Ordinance  shall  take  elTect  from  and  after  its  final 
passage  and  approval. 

OKDIXANC'E   No.   183. 

(Approved  March  25,  1897.) 

Amending  Sections  1  and  2  of  Ordinance  No.  8,  "Relating  to  Grading 
and  Otiier  Improvements  of  Streets,  and  Fixing  the  Grades  of  the 
Same,"   Being   Originally   No.  326,  Approved  April   9,   1891. 

Be  it  ordained  bj^  the  City  Council  as  follows: 

Section  1.  Sections  1  and  2  of  Ordinance  No.  8,  entitled  "Relat- 
ing to  grading  and  other  improvements  of  streets,  and  fixing  the 
grades  of  the  same^'  (being  originally  No.  326,  approved  April  9,  1891), 
is  hereby  .imended  so  as  to  read  as  follows: 

Section  1.  The  surface  grade  of  the  crown  of  center  line  of 
every  street  or  avenue  hereafter  improved  shall  be  above  the  lower 
gutter  grade  along  such  street  or  avenue  as  follows:  For  pavement 
with  bitaminous  rock  or  stone  blocks,  nine  inches;  for  macadam  or 
graveling,  if  on  avenue,  eighteen  inches;  if  on  a  street  running  east 
and  west,  fourteen  inches;  if  on  a  street  running  north  and  south, 
eighteen  inches:  excepting  Scott's  and  Mormon,  avenues  west  of 
Stanislaus  street,  where  in  any  case  the  same  shall  be  two  feet  and 
six  inches:  excepting,  also,  Weber  avenue  from  Aurora  street  to 
Union  street,  where  in  any  case  the  same  shall  slope  uniformly 
between  the  two  grades  of  the  intersections  as  they  are  hereinafter 
fixed;  and  excepting,  also,  Sacramento  street  from  Main  street  to 
Park  street,  where  the  same  shall  be  one  hundred  and  three  and 
92-100  (103.92)  feet  above  the  official  base  or  datum  plane. 

Sec.  2.  The  surface  grade  of  the  intersections  of  all  streets  or 
avenues  shall,  at  the  apexes  or  crowns  thereof,  be  two  inches  above 
the  mean  of  the  points  where  the  center  lines  of  the  intersecting 
streets  or  avenues  meet  the  boundary  lines  of  such  intersections, 
excepting  at  the  intersection  of  Sacramento  street  with  Maiil 
street,  Weber  avenue,  Channel  street.  Miner  avenue,  Lindsay  street, 
Fremont  street,  OaJc  street  and  Park  street,  where  the  same  shall  be 
one  hundred  and  three  and  92-100  (103.92)  feet  above  the  official  base 
or  datum  plane. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its. 
approval. 


ORDINANCES. 


OlIDTNANCE  No.  9. 

(Being-  originally  No.  327,  approved  April  9,  1891.) 

Relating  to  Streets;  Defining  Certain  Terms  as  Officially  Used;  Fixing 
the  Location  of  the  Curb  Line  and  Thereby  the  Width  of  the 
Roadway  and  Sidewalk  Space,  and  Fixing  the  Width  of  the 
Sidewalk  and  Tree  Space. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  In  this  Ordinance  or  in  any  Ordinance  or  official 
instrument  hereafter  passed  or  made,  the  phrase  "curb  line"  shall  be 
used  and  construed  to  mean  a  line  in  a  street  or  avenue  parallel  with 
the  division  line  between  such  street  or  avenue,  and  the  blocks, 
squares  or  lots  abutting  on  such  street  or  avenue, .  and  distant  from 
such  division  line  as  by  Ordinance  determined;  the  phrase  "sidewalk 
space"  shall  be  used  and  construed  to  mean  the  space  between  saia 
division  line  and  the  curb  line;  the  phrase  "tree  space"  shall  be  used 
and  construed  to  mean  so  much  of  the  sidewalk  space  next  the  euro 
line  as  by  Ordinance  may  be  determined;  the  phrase  "grass  space" 
shall  be  used  and  construed  to  mean  so  much  of  the  sidewalk  space 
next  the  division  line  aforesaid  as  the  Council  may  in  anywise  deter- 
mine; the  word  "sidewalk"  shall  be  used  and  construed  to  mean  the 
structure  or  improvement  constituting  the  surface  of  so  much  of  the 
sidewalk  space  as  by  Ordinance  may  be  determined;  the  word 
"roadway"  shall  be  used  and  construed  to  mean  so  much  of  the  street 
or  avenue  as  lies  between  the  curb  lines  thereof. 

Sec.  2.  The  curb  line  is  fixed  and  shall  be  distant  from  the 
division  line  between  the  street  or  avenue  and  the  blocks,  squares  or 
lots  abutting  on  such  street  or  avenue  as  follows: 

1.  On  Main  street,  from  center  line  of  Sacramento  street  to 
center  line  of  Elk  street,  ten  feet;  excepting  that  on  the  north  side 
of  block  12,  east  of  Center  street,  the  same  is  fourteen  feet,  and  that 
on  the  north  side  of  block  15,  east  of  Center  street,  the  same  is 
thirteen  feet. 

2.  On  Market  street,  from  the  center  line  of  Sacramento  street 
to  center  line  of  Center  street,  ten  feet. 

3.  On  Weber  avenue  and  Weber  levee,  from  center  line  of 
Center  street  to  center  line  of  Sacramento  street,  fifteen  feet,  and 
from  center  line  of  Center  street  to  center  line  of  Tule  street, 
twelve  feet. 

4.  On  Center  street,  from  center  line  of  Moniion  avenue  to 
center  line  of  Weber  levee,  on  west  side  of  Hunter  street,  from 
center  line  of  Washington  street  to  a  line  150  feet  north  of  north 
line  of  Market  street,  and  from  center  line  of  Weber  avenue  to  center 
line  of  Channel  street,  on  California  street,  to  center  line  of  Wash- 
ington street,  to  center  line  of  Miner  avenue,  on  east  side  of  Hunter, 
west  side  of  Sacramento,  on  El  Dorado,  San  Joaquin,  Sutter,  American, 
Stanislaus,  Grant  and  Aurora  streets,  from  (on  the  last-named  nine 
streets)  center  lino  of  Woshington  street  to  center  line  of  Channel 
street  and  on  Tuleburgh  levee,  twelve  feet. 

5.  On  west  side  of  Hunter  street,  from  center  line  of  Weber 
avenue  to  a  line  150  feet  south  of  the  south  line  of  Main  street, 
seventeen  feet. 

6.  On  all  avenues  (not  streets),  excepting  as  hereinbefore 
specified,  fourteen  and  one-half  feet. 


ee  ORDINANCES. 


7.  On  all  streets  (not  avenues)  running  east  and  west,  excepting 
as  hereinbefore  specified,  ten  and  one-half  feet. 

8.  On  all  streets  running  north  and  south  excepting  as  herein- 
before specified,  twelve  and  one-half  feet. 

Sec.  3.  On  all  streets  and  avenues  other  than  such  as  are 
included  and  designated  in  Subdivisions  6,  7  and  8  of  Section  2  afore- 
said, the  sidewalk  shall  be  co-extensive  with  the  sidewalk  space  as 
hereinbefore  bounded  by  said  division  line  and  said  curb  line.  On 
all  streets  and  avenues  which  are  included  and  designated  in  said 
Subdivisions  0,  7  and  8,  the  sidewalk  shall,  unless  the  Council 
specially  permit  otherwise,  extend  to  within  at  least  two  and  one-half 
feet  of  the  curb  line — that  is  to  say,  there  may  be  a  tree  space  two 
and  one-half  feet  wide;  provided,  however,  that  outside  of  the  district 
bounded  by  the  center  lines  of  Sacramento,  Lindsay,  Elk  and  Lafay- 
ette streets,  the  City  Council  may.  by  resolution  in  each  particular 
case,  fix  the  width  of  the  sidewalk  as  said  Council  may  be  advised. 

Sec.  4.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

[NOTE. — Section  3  of  the  foregoing  Ordinance  has  been  amended 
by  Ordinance  No.   188.] 

ORDINANCE   No.   188. 

(Approved    May    19,    1897.) 

An  Ordinance  Amending  Ordinance  No.  9  (Being  Originally  No.  327, 
Approved  April  9,  1891),  by  Amending  Section  3  Thereof,  and  by 
Adding  Thereto  a  New  Section  Relating  to  the  Material  of  Which 
and  the  Manner  in  Which  Sidewalks  Shall  be  Constructed. 

Be  it  ordained  by  the  City  Council  of  the  Citj^  of  Stockton  as 
follows: 

Section  1.  Section  3  of  Ordinance  No.  9  (being  originally  No.  327, 
approved  April  9,  1891)  entitled  "Relating  to  streets;  defining  certain 
terms  as  officially  used;  fixing  the  location  of  the  curb  line  and  thereby 
the  width  of  the  roadway  and  sidewalk  space,  and  fixing  the  width  of 
the  sidewalk  and  tree  space,"  is  hereby  amended  so  as  to  read  as 
follows: 

Section  3.  On  all  streets  and  avenues  other  than  such  as  are 
included  and  designated  in  Subdivisions  6,  7  and  8  of  Section  2  afore- 
said, and  other  than  that  portion  of  Weber  avenue  between  the 
center  line  of  American  street  and  the  center  line  of  Sacramento 
street,  and  that  portion  of  Market  street  between  the  center  line  of 
American  street  and  the  center  line  of  Sacramento  street,  the  side- 
walk shall  be  co-extensive  with  the  sidewalk  space  as  hereinbefore 
bounded  by  said  division  line  and  said  curb  line. 

On  all  streets  and  avenues  which  are  included  and  designated  in 
said  Subdivisions  6,  7  and  8,  and  on  the  portions  of  Weber  avenue  and 
Market  street  above  described,  the  sidewalk  shall  extend  to  within 
and  no  nearer  than  four  feet  of  the  curb  line,  and  shall  be  of  not 
less  than  the  following  widths,  to-wit:  Where  the  sidewalk  space  is 
ten  feet,  six  feet;  where  the  sidewalk  space  is  ten  and  one-half  feet, 
six  feet;  where  the  sidewalk  space  is  twelve  feet,  seven  feet;  where 
the  sidewalk  space  is  twelve  and  one-half  feet,  seven  feet;  where  the 
sidewalk  space  is  fourteen  and  one-half  feet,  eight  feet;  where  the- 
sidewalk  space  is  fifteen  feet,  eight  feet;  provided,  that  in  front 
of  driveways  and  walks,  sidewalks  may,  for  the  width  of  the  drive- 


ORDINAxNCKS.  67 


Way  or  walk,  be  extended  to  the  curb  line;  and  provided  further,  that 
no  "grass  space"  shall  bo  left  uncovered  by  the  sidewalk  unless 
the  same  shall  be  graded  to  the  sidewalk  grade;  if  not  so  graded, 
the  sidewalk  shall  extend  continuously  to  the  division  line. 

Sec.  2.  Ordinance  No.  9  (being  originally  No.  327.  approved  April 
9,  1891),  entitled  "Relating  to  streets;  defining  certain  terms  as 
officially  used;  fixing  the  location  of  the  curb  line  and  thereby  the 
width  of  the  roadway  and  sidewalk  space,  and  fixing  the  width,  of 
the  sidewalk  and  tree  space,"  is  hereby  amended  by  adding  a  new 
section  thereto,  to  be  numbered  314,  in  the  words  following: 

Section  3^-  AH  sidewalks  hereafter  constructed  upon  streets 
which  have  been  accepted  or  conditionally  accepted  by  the  City 
Council  shall  be  cf  the  following  material,  viz.:  Either  concrete, 
asphalt,  bituminous  rock,  stone  or  brick. 

Upon  all  unaccepted  streets,  sidewalks  shall  be  of  the  above-named 
materials,  or  of  wood. 

All  sidewalks  shall  be  constructed  as  provided  in  this  Ordinance 
and  in  accordance  with  plans  and  specifications  adopted  by  the  City 
•Council. 

ORDINANCE   No.   280. 

(Approved  .January  9,   1901.) 

An  Ordinance  Fixing  the  Location  of  the  Curb  Line  on  the  South 
Side  of  Miner  Avenue,  From  the  West  Line  of  the  Roadway  of 
San  Joaquin  Street  to  the  East  Line  of  the  Roadway  of  Hunter 
Street,  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  curb  line  on  the  south  side  of  Miner  avenue,  from 
the  west  line  of  the  roadway  of  San  Joaquin  street  to  the  east  line 
of  the  roadway  of  Hunter  street,  in  the  City  of  Stockton,  is  hereby 
fixed  and  shall  be  distant  from  the  division  line  between  said  Miner 
avenue  and  the  lots  abutting  thereon  twenty-two  and  one-half  (22^^) 
feet. 

Sec  2.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

ORDINANCE   No.   437. 

(Approved  February  12,  1907.)     O.  B.  7—133. 

An  Ordinance  Fixing  the  Sidewalk  Grades  and  the  Curb  and  Gutter 
Grades  of  Certain  Portions  of  Those  Streets  and  Blocks  Within 
the  Corporate  Limits  of  the  City  of  Stockton  Lying  North  of 
Survey  No.  2999  and  West  of  Edison  Street. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  That  the  elevation  of  the  curb  grades  at  each  of  the 
four  curb  corners  of  each  of  the  intersections  of  Vine,  Willow  and 
North  streets,  respectively,  with  each  of  Baker,  Stockton.  Yosemite, 
San  Jose,  Argonaut,  Orange  and  West  streets,   respectively,  be  fixed 


68  ORDINANCES. 


at  the  following  elevations  in  feet  above  the  base  of  levels  as  fixed 
by  Ordinance  No.  3  (originally  No.  310)  of  the  Ordinances  of  the  City 
of  Stockton: 

Vine  with  Baker  street.  93.67. 
Vine  with  Stockton   street,   92.67. 
Vine  with  Yosemite  street,  93.17. 
Vine  with  San  Jose  street,  92.67. 
Vine  with  Argonaut  street,  92.17. 
A^'ine  with  Orange   street,   92.67. 
Vine  with  Wesi  street,  97.17. 
Willow  with  Baker  street,  94.17. 
Willow  with  Stockton   street,   93.67. 
Willow  with  Yosemite  street,  92.67. 
Willow  with  San  .lose  street,  92.67. 
Willow  with  Argonaut    street,   91.67. 
Willow  with  Orange  street,  92.17. 
Willow  with  West  street,  97.17. 
North  with  Baker  street,  93.17. 
North  with  Stockton  street,  94.17. 
North  with  Yosemite    street,    93.17. 
North  with  San  Jose  street,  92.17. 
North  with  Argonaut    street,    91.17. 
North  with  Orange  street,  91.67. 
North  with  West  street,  97.17. 

That  the  elevation  of  the  curb  grade  on  Vine,  Willow  and  North 
streets  be  further  fixed  as  follows: 

On  Vine  street  at  100  feet  east  of  West  street,  93.00:  on  Willow 
street  at  100  feet  east  of  West  street,  92.50;  and  at  North  street  at 
130  feet  east  of  West  street,  92.00.  All  above  said  base  of  datum  base 
of  levels 

Sec.  2.  That  in  all  cases  the  gutter  grades  are  fixed  at  seven 
inches  below  the  curb  grades  hereinbefore  fixed. 

Sec.  3.  The  surface  grade  of  the  sidewalks  shall  slope  downward 
from  the  division  line  between  the  streets  and  abutting  blocks,  squares 
or  lots  towards  and  to  the  curb  line  at  the  rate  of  one-quarter  inch  to 
one  foot. 

Sec.  4.  The  curb,  sidewalk  and  gutter  grades,  respectively,  for  all 
points  between  those  hereinbefore  fixed  shall  be  in  a  straight  line 
.ioining  such  adjacent  curb,  sidewalk  and  gutter  grades  as  hereinbefore- 
fixed  for  adjacenr  points  and  corners. 

Sec.  5.  This  Ordinance  shall  take  effect  on  and  after  its  final 
passage  and  approval. 

OKDJNAXCE   No.   428. 

(Approved  November  12,   1906.)      O.  B.  7—117. 

An  Ordinance  Fixing  the  Sidewalk  Grade  and  the  Curb  and  Gutter 
Grades  of  Certain  Portions  of  Rose,  Magnolia,  Acacia,  Poplar, 
West,  Argonaut  and  Orange  Streets  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  First — That  the  'elevation  of  the  curb  grades  at  the 
four  curb   corners  of  each   of  the   intersections  of  West   street  with. 


ORDINANCES.  69 


each  of  Rose,  Magnolia,  Acacia  and  Poplar  streets,  respectively,  be 
fixed  at  97.17  feet  above  the  base  of  levels  as  fixed  by  Ordinance  No.  7 
(originally  310)  of  the  Ordinances  of  said  City  of  Stockton. 

Second — That  the  elevation  of  the  curb  grades  at  each  of  the  four 
curb  corners  of  each  of  the  following  intersections  of  Orange  street 
be  fixed  as  follows:  A-t  Orange  street  with  Rose  street.  93.17  feet;  at 
Orange  street  with  Magnolia,  street,  92.67  feet;  at  Orange  street  with 
Acacia  street,  93.67  feet,  and  at  Orange  street  with  Poplar  street,  94.67 
feet  above  said  base  of  levels. 

Third — That  the  elevation  of  the  curb  grades  at  each  of  the  four 
curb  corners  at  each  of  the  following  intersections  of  Argonaut  street 
be  fixed  as  follows;  At  Argonaut  street  with  Rose  street,  92.67  feet; 
at  Argonaut  street  with  Magnolia  street,  93.67  feet;  at  Argonaut  street 
with  Acacia  street.  94.17  feet,  and  at  Argonaut  street  with  Poplar 
street,  95.17  feet  above  said  base  of  levels. 

Fourth — That  the  elevation  of  the  curb  grade  be  fixed  a&  follows: 
On  Rose  street,  at  a  point  100  feet  east  of  West  street,  92.84  feet;  on 
Magnolia  street,  at  a  point  125  feet  east  of  West  street,  92.38  feet;  on 
A.cacia  street,  at  a  point  100  feet  east  of  West  street,  at  93.34  feet, 
and  on  Poplar  street,  at  a  point  75  feet  east  of  West  street,  at  94.30 
feet  above  said  base  of  levels. 

Sec.  2.  In  all  cases  the  gutter  grades  are  fixed  at  seven  inches 
below  the  curb  grades  hereinbefore  fixed. 

Sec.  3.  The  surface  grade  of  the  sidewalk  shall  slope  downward 
from  the  cUvision  line  between  the  streets  and  the  abutting  blocks, 
squares  or  lots  towards  and  to  the  curb  line  at  the  rate  of  one- 
ciuarter  inch  to  one  foot. 

Sec.  4.  The  curb,  sidewalk  and  gutter  grades  for  all  ix)ints 
betvveen  those  hereinbefore  fixed  shall  be  in  a  straight  line  joining 
the  grades  of  the  curb??,  sidew^alks  and  gutters,  respectively,  as  herein- 
before fixed  for  adjacent  points  and  corner?. 

Sec.  5.  This  Ordinance  shall  be  in  full  force  and  effect  on  and 
after  its  passage  and  approval. 


OEDINAXCE   Xo.   10. 

(Being  originally  No.  Ill,  approved  April  20,  1881.) 

Adopting     and     Approving     Map    of    Stockton     Channel     and     Mormon 
Slough,  and  Fixing   Line  for  Wharves  and   Bulkheads  Thereon. 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  A  map  of  Stockton  Channel  and  Mormon  Slough, 
embracing  all  that  portion  of  said  Stockton  Channel  lying  within  the 
corporate  limits  of  said  City  of  Stockton  west  of  El  Dorado  street, 
and  all  that  portion  of  said  Mormon  Slough  lying  within  said  corporate 
limits  west  of  Center  street,  and  showing  the  continuation  of  said 
slough  and  channel  from  the  western  limits  of  said  city  to  the  point 
of  their  intersection,  and  marked  "Map  of  Stockton  Channel  and 
Mormon  Slough,  as  surveyed  under  the  direction  of  Lieutenant- 
Colonel  G.  H.  Mendell,  surveyed  November,  1880,"  and  filed  by  the 
City  Clerk  of  the  City  of  Stockton  this  20th  day  of  April,  A.  D.  1881, 
together  with  all  the  notes  and  explanations  therein  and  thereon,  is 
hereby  adopted  and  approved  and  declared  to  be  the  official  map  of 


7^  ORDINANCES. 


all  those  portions  of  said  slough  and  channel  lying  within  said  cor-- 
porate  limits,  and  the  lines  of  wharves  and  bulkheads,  as  shown  and 
indicated  on  and  in  said  map  shall  be,  and  the  same  are  hereby  fixed 
as  and  declared  to  be  the  official  line  of  and  for  any  and  all  wharves 
and  bulkheads  hereafter  to  be  erected  within  said  city  upon  the  line 
or  banks  ol  either  of  said  portions  of  said  slough  or  channel. 


ORDINANCE   No.   11. 

(Being  originally  No.  278,  approved  June  12,  1889.) 

Ordinance  Closing  to  Public  Use  Poplar  Street  Between  Aurora  and 
Sacramento  Streets,  and  Aurora  Street  Between  Flora  and 
Poplar  Streets. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Poplar  street,  between  Aurora  and  Sacramento 
streets,  and  Aurora  street,  between  Flora  and  Poplar  streets,  is  hereby 
declared  closed  to  public  use,  and  the  Board  of  Directors  of  the  State 
Insane  Asylum  at  Stockton  are  authorized  to  use  the  above  mentioned 
portions  of  said  streets  in  connection  with  the  grounds  under  their 
charge;  provided,  hov.^ever,  that  the  said  Asylum  Directors  agree,  by 
filing  an  acceptance  of  this  Ordinance  in  writing  within  twenty  days 
Irom  the  passage  of  same,  to  paj^  their  pro  rata  for  the  improving  of 
Aurora  street  from  Park  to  Flora  street,  and  Flora  street  from  Aurora 
to  Sacramento  street. 

Sec.  2.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

OEDTNANCE   No.   47. 

(Being  originally  No.  113,  approved  July  5,  1881.) 

Accepting  the   North  Three   (3)    Feet  of  Block  15,  East. 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  That  the  conveyance  from  H.  O.  Southworth,  T.  G. 
Humphrey,  E'.  D.  Eldridge,  I.  D.  Hamilton,  John  Quinn,  and  Catherine- 
Quinn,  his  wife,  and  Wm.  B.  Austin  to  the  City  of  Stockton,  of  the 
northerly  three  (?>)  feet  of  the  north  one  hundred  (100)  feet  of  block 
number  fifteen  (15)  eas-t  of  Center  street,  in  the  City  of  Stockton, 
Countj^  of  San  Joaquin.  State  of  California,  by  a  deed  dated'  the  seven- 
teenth (17th)  day  of  May,  A.  D.  1SS1,  to  be' added  to  the  established 
width  of  the  sidewalk  on  the  south  side  of  Main  street,  between  Cali- 
fornia and  American  streets,  and  in  front  of  said  block  number  fifteen, 
and  to  be  devoted  to  and  used  for  sidewalk  purposes  be,  and  the  said 
conveyance  is  hereby  accep+ed  upon  the  terra«:,  conditions,  restrictions 
and  limitations  in  said  deed  contained. 

Sec.  2.  Thai  the  said  northerly  three  (?,)  feet  of  the  north  one 
hundred  feet  of  said  block  number  fifteen,  east  of  Center  street,  be 
and  the  same  are  hereby  dedicated  and  set  apart  as  a  portion  of  the 
sidewalk,  .^nd  for  sidewalk  purposes,  and  that  the  same  be  and  are 
hereby  declared  to  be  a  portion  of  the  public  sidewalk  in  front  of  said 
block  number  fifteen,  and  s?id  three  (3)  feet  are  hereby  added  to  the 
width  of  the  sidewalk  as  now  or  hereafter  to  be  established  in  front 
of  said  block  number  fifteen,  as  aforesaid. 


ORDlxNANCES.  71 


OKDINAXOE   No.   72. 

(Passed  over  veto,  October  26,  1891.) 
Authorizing    the    Erection,    Construction    and    Maintenance    in    Certain 

Cases    of    Chutes,    Bridges    and    Ways,    With    Supports    Therefor. 

Over    and    Across    the    Streets,    Alleys    and    Ways    of   the    City    of 

Stockton,  by  Any  Person  or  Persons,  Corporation  or  Corporations, 

for  the  Transmission  of  Goods.  Wares,   Merchandise,  Grains,  Farm 

and  Other  Products,  and   Providing  for  the  Consent  Therefor,  and 

Approval  Thereof,  by  the  City  Council  of  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  and  it  is  hereby  declared  to  be  lawful  for 
any  person  or  persons,  corporation  or  corporations,  doing  business  in 
the  City  of  Stockton,  and  owning,  occupying  and  actually  using  two  or 
more  buildings  in  conducting  and  carrying  on  the  business  of  sucb 
person  or  persons,  corporation  or  corporations,  which  are  situate, 
lying  and  being  on  opposite  sides  of  any  street,  avenue,  alley  or  way 
m  said  City  of  Stockton,  to  build,  erect,  construct  and  maintain 
between  such  buildings  so  owned,  occupied  and  actually  used  as  afore- 
said over  and  across  such  street,  avenue,  alley  or  way,  a  chute,  bridge 
or  way  for  the  transmission  of  goods,  wares,  merchandise,  grains, 
farm  and  other  products  to  and  from  such  buildings  as  aforesaid,  which 
said  chute,  bridge  or  way  shall  not  be  less  than  eighteen  feet  verticalh 
above  such  street,  avenue,  alley  or  way  and  the  sidewalk  thereof,  and 
X&hall  not  be  more  than  twenty  feet  in  width. 

Sec.  2.  It  shall  be  and  it  is  hereby  declared  to  be  lawful  for  any 
such  person  or  persons,  corporation  or  corporations,  to  construct, 
erect  and  maintain  for  the  support  of  any  such  chute,  bridge  or  way, 
two  posts  or  pillars  at  the  outer  curb  of  the  sidewalk  on  both  side^-i 
of  any  such  street,  avenue,  alley  or  way,  which  said  posts  or  pillars 
shall  be  not  more  than  twelve  inches  square  and  not  less  than  ten  or 
more  than  twenty  feet  apart. 

Sec.  3.  A  copy  of  the  plans  end  specifications  for  any  such 
chute,  bridge  or  way,  and  the  supports  therefor,  provided  in  Section  2 
hereof,  shall,  before  the  erection  and  construction  thereof,  be  filed  in 
the  office  of  the  Board  of  Public  Works  of  the  City  of  Stockton. 

Sec.  4.  Every  chute,  bridge  or  way,  and  supports  therefor  as 
provided  for  herein,  shall  be  built  in  a  good  and  substantial  manner 
and  in  accordance  with  said  plans  and  specifications  under  the  super- 
vision of  the  SuDerintendent  of  Streets  of  the  City  of  Stockton,  and 
the  said  Superintendent  of  Streets  at  all  times  during  the  erection 
and  construction  of  any  such  chute,  bridge  or  way,  and  of  the  posts 
or  pillars  for  the  support  thereof,  shall  be  entitled  to  inspect  the  same 
and  compel  the  erection  and  construction  thereof  in  accordance  with 
the  said  plans  and  specifications:. 

Sec.  5.  The  repeal  of  this  Ordiance  shall  in  no  way  affect  or 
abridge  the  right  of  any  such  person  or  persons,  corporation  or  cor- 
porations, to  maintain  after  such  repeal  any  chute,  bridge  or  way,  and 
the  supiwrts  therefor,  constructed  and  erected  under  the  provisions  of 
this  Ordinance. 

Sec.  6.  Any  and  all  person  or  persons,  corporation  or  corpora- 
tions, who  shall  at  any  time  under  the  provisions  of  this  Ordinance 
construct,  erect,  maintain  or  use  any  such  chute,  bridge  or  way  and 
the  supports  therefor  shall  at  all  times  hold  said  City  of  Stockton  free 
and   harmless   from   any,    every   and   all   liability   of   every   character, 


72  ORDINANCES. 


nature  and  description  that  may  or  shall  arise  from  the  construction, 
erection,  maintenance  or  use  of  any  such  chute,  bridge  or  way,  or  the 
supports  thereof. 

Sec.  7.    .This  Ordinance  shall  take  effect  and  be  in  force  from  and 
-ifter  its  passage  and  approval. 


OIU)!  NANCE  No.   101. 

(Approved   June    14,    1893.) 

Regulating  the  Moving  of  Houses  and  Other  Buildings  Upon,  In, 
Along  or  Through  any  Public  Way  or  Street  of  the  City  of  Stock- 
ton, and  Declaring  Any  Acts  in  Violation  of  This  Ordinance  to 
Be  a  Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  No  person,  persons  or  corporation  shall  move  or  cause 
to  be  moved  any  house,  dwelling,  barn,  building  or  other  like  stnictura 
upon,  in,  along  or  through  any  public  Vv'^ay  or  street  of  the  City  of 
Stockton  without  first  having  obtained  a  permit  in  writing  from 
the  Superintendent  of  Streets  of  said  city,  to  be  approved  by  th(i 
Mayor;  and  upon,  and  at  the  time  of  the  granting  of  such  permit,  the 
person,  persons  or  corporation  receiving  such  permit  shall  immediately 
deposit  with  the  said  Superintendent  of  Streets  a  sum  of  money  to  be 
fixed  and  determined  by  said  Superintendent  which  shall  not  be  less 
than  $100  and  not  more  than  $500.  Such  deposit  to  be  made  for  the 
purpose  of  covering  or  defraying  the  costs  and  expenses  of  fixing, 
repairing,  replacing  and  adjusting,  in  and  to  their  former  order  and 
condition,  all  streets,  public  ways,  sewers,  manholes,  crosswalks, 
bridges,  culverts  and  wires  which  may  have  been  damaged,  injured, 
taken  down  or  cut  by  such  moving. 

Sec.  2.  Any  person,  persons  or  corporation,  after  having  obtained 
a  permi;:  for  the  moving  upon,  in,  along  or  through  any  of  said  public 
ways  or  streets,  any  house,  dwelling,  barn,  building  or  like  structure, 
and  after  having  made  the  required  deposit  with  the  said  Superinten- 
dent of  Streets,  as  hereinbefore  provided,  shall,  at  least  twenty-four 
hours  previous  to  the  commencement  of  such  moving,  give  notice 
thereof  in  writing  to  the  respective  local  agents  or  superintendents  of 
the  various  electrical  railroads,  telephone  and  telegraph  companies 
doing  or  carrying  on  their  respective  business  in  said  city,  and  to  the 
Chief  Engineer  of  the  Stockton  Fire  Department,  which  said  notice 
shall  st-ate  the  time  when  and  the  route  along  which  the  same  is  to 
be  moved. 

And  it  is  herebj'  expressly  provided  that  the  wires  of  the  elec- 
trical railroad  companies  shall  cnly  be  cut,  taken  down  or  interfered 
with,  for  the  purpose  of  such  moving,  between  the  hours  of  12  o'clock 
p.  m.  and  5  o'clock  a.  m.,  and  at,  or  during,  no  other  time  or  times. 

Sec  3.  Any  person,  persons  or  corporation  having  such  rhoving 
done,  shall — as  soon  as  such  house,  dwelling,  barn,  building  or  other 
like  structure  shall  or  may  have  passed  or  crossed  any  of  said  public 
ways,  streets,  crosswalks,  bridges,  culverts,  sewers  and  manholes  or 
either,  and  any  of  the  streets  or  public  ways  over  or  along  which 
any  of  the  wires  belonging  to  this  city,  the  various  electrical  railroad, 
telephone  or  telegraph  companies  are  stretched,  suspended,  strung  or 
maintained — fix,  repair,  replace  and  adjust  in  and  to  their  former 
state  and  condition  any  and  all  such  wires  which  may  have  been  cut, 
taken  down,  ^damaged  or  injured  by  such  moving,  and  fix,  repair  and 


ORDINANCES.  73 


replace  in  and  to  their  former  state  and  condition,  all  such  public 
ways,  streets,  crosswalks,  biidges,  culverts,  sewers  and  manholes 
which  may  have  been  injured  or  damaged  by  such  moving  And  if 
such  person,  persons  or  corporation,  shall  fail  to  fix,  repair,  replace  and 
adjust,  or  either,  any  and  all  such  wires,  public  ways,  streets,  cross- 
walks, bridges,  culverts,  sewers  and  manholes,  in  and  to  their  former 
state  and  condition  immediately  after  such  house,  dwelling,  bam, 
building  or  other  like  structure  shall  have  passed  or  crossed  such  wires, 
public  ways,  streets,  crosswalks,  bridges,  culverts,  sewers  and  man- 
holes or  either,  the  said  Superintendent  of  Streets  shall  at  once  have 
such  wires,  public  ways,  streets,  crosswalks,  bridges,  culverts,  sewers 
and  manholes,  in  and  to  replaced  and  adjusted  to  their  former  state 
and  condition,  at  the  cost  and  expense  of  the  person,  persons  or  cor- 
poration having  such  moving  done;  and  the  said  Superintendent  of 
Streets  shall  pay  such  costs  and  expenses  from  and  out  of  the  deposit 
made  or  left  with  him  as  aforesaid,  and  return  the  surplus  of  such 
deposit,  if  any  there  be,  to  the  party  or  parties  entitled  thereto. 
Should  such  person,  persons  or  corporation,  immediately  after  the 
building,  house,  barn  or  like  structure  shall  have  passed  or  crossed 
such  public  ways,  streets,  crosswalks,  bridges,  culverts,  sewers,  man- 
holes and  wires,  or  either,  fix,  repair,  replace  and  adjust  to  their  former 
state  and  condition,  and  to  the  satisfaction  of  said  Superintendent  of 
Streets,  the  public  ways,  streets,  crosswalks,  bridges,  culverts,  sewers, 
manholes  and  wires  which  were  injured,  damaged,  destroyed,  cut  or 
taken  down  by  cuch  moving  at  his,  her  or  their  cost  and  expense,  he, 
she  or  rhev  shall  be  entitled  to  a  return  of  said  deposit  made  or  left 
with  said  Superintendent  of  Streets. 

Sec.  4.     An\  and  all  acts  done  or  caused  to  be  done  by  any  person, ' 
persons  or  corporation,  contrary  to  or  in  violation  of  the  provisions  of 
this  Ordinance,  or  any  part  of  same,  shall  be  a  misdemeanor. 


OlIDTXAXCE   No.   143. 

(Approved    P'ebruary    IS,    1895.) 

An    Ordinance    Changing    the     Names    of    Beaver,     Elk,     Bear,     Otter, 

Raccoon   and   Tule   Streets  and  of  Mormon  Avenue. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  name  of  Beaver  street  is  hereby  changed  to  Madi- 
son street;  the  name  of  Elk  street  is  herebj'  changed  to  Monroe 
street;  the  name  of  Bear  street  is  hereby  changed  to  Van  Buren 
street;  the  name  of  Otter  street  is  hereby  changed  to  Lincoln  street; 
the  name  of  Raccoon  street  is  hereby  changed  to  Harrison  street; 
the  name  of  Tule  street  is  hereby  changed  to  Edison  street,  and  the 
name  of  Mormon  avenue  is  hereby  changed  to  Hazelton  avenue. 

Sec.  2.  This  Ordinance  shall  have  and  take  effect  from  and  after 
its  passage  and  approval. 

OTJDIXAXCE   Xo.   144. 

(Approved    February   IS,    1895.) 

An    Ordinance    Providing    for   the    Numbering    of    Entrances    From    the 
Public  Streets,  and   Repealing  Ordinance  No.  25. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  All  entrances  to  buildings  and  inclosures  from  the 
public  streets  of  the  City  of  Stockton  must  be  numbered   as  herein- 


14  ORDINANCES. 


after  provided,  and  the  duty  of  so  numbering  the  same  is  hereby 
imposed  upon  the  owner,  and  also  upon  the  occupant  of  the  building  or 
inclosure  to  which  any  such  entrance  belongs  or  pertains  The 
appropriate  number,  in  figures  not  less  than  two  inches  long,  muse 
be  placed  immediately  above  the  doorway,  gateway  or  other  said 
entrance. 

Sec.  2.  One  hundred  numbers  are  hereby  allotted  to  each  block 
(including  the  two  sides  of  a  street),  a  number  to  each  and  every 
Twelve  and  one-half  feet  frontage,  the  even  numbers  on  the  south  and 
east  sides  of  the  streets  and  the  odd  numbers  on  the  north  and  west 
sides  of  the  streets. 

Sec.  3.  On  streets  running  north  and  south  the  numbers  shall 
begin  with  1  and  2  (on  the  respective  sides  of  the  numbered  street) 
at  Main  street,  ihe  numbers  running  consecutively  upward  (save  as 
affected  bj^  the  '.'.foresaid  provision  allotting  one  hundred  numbers  to 
each  block)  both  northvvardly  and  southwardly  from  said  Main  street 
to  the   city   limits;    and   any   number   north   of   Maini   street   shall   be 

designated   and   known   as   No.    — ,   North  street,   and   any 

number  south  of  Main  street  shall  be  designated  and  known  as  No.  — , 
South  street.  On  streets  running  east  and  west  the  num- 
bers shall  begin  with  1  and  2  (on  the  respective  sides  of  the  numbered 
street)  at  Center  street  <^the  numbers  running  consecutively  upward, 
save  as  affected  by  the  aforesaid  provision  allotting  one  hundred  num- 
bers to  each  block),  both  eastwardly  and  westwardly  to  the  city  limits; 
any  number  east  of  Center  street  shall  be  designated  and  known  as 

No.  — ,  Bast  : street,  and  any  number  west  of  Center  shall 

'be  designated  and  known  as  No.  — ,  West street.     Avenues 

are  intended  to  be  included  in  word  "streets,"  as  usedi  hereinbefore. 

Sec.  4.  Ordinance  No.  25  (being  originally  No.  84,  approved 
January  27,  1S79).  entitled  "Providing  for  the  numbering  of  houses," 
inclusive  of  all  amendments  thereof,  is  hereby  repealed. 

Sec.  5.  This  Ordinance  shall  have  and  take  effect  sixty  days  from 
and  after  its  passage  and  approval. 


OliDINANCE   No.   311. 

(Approved  January  7,  1902.)     O.  B.  6—166. 

An  Ordinance  to  Close  Up  That  Part  of  Sutter  Street  Lying  Between 
the  Northerly  Line  of  Vine  Street  and  the  Southerly  Line  of  North 
Street,  and  That  Part  of  Willow  Street  Lying  Between  the  Easterly 
Line  of  San  Joaquin  Street  and  the  Westerly  Line  of  California 
Street,  Within  the   Limits  of  the  City  of  Stockton. 

Whereas,  The  Board  of  Education  of  the  City  of  Stockton,  sitting 
as  a  High  School  Board  for  the  Stockton  High  School  District,  has 
selected  as  and  for  the  site  of  the  said  High  School  all  that  certain- 
tract  or  parcel  of  land  within  the  boundaries  of  said  city,  containing 
for  the  said  tract  or  parcel  block  No.  155,  block  No.  156,  iDlock  No.  151 
and  block  No.  150  (less  lots  2  and  4  of  the  last  named  block),  and  also 
so  much  and  such  part  of  Sutter  street  as  lies  between  the  northerly 
line  of  Vine  street  and  the  southerly  line  of  North  street,  and  so  much 
and  such  part  of  Willow  street  as  lies  between  the  easterly  line  of 
San  Joaquin  street  and  the  M^csterly  line  of  California  street — all 
being  east  of  Center  street  of  said  city — as  said  blocks  and  said  inter- 
vening parts  of  streets  are  delineated  on  the  official  plan  and  map  of 
the  city:  and. 


ORDINANCES.  75- 


Whereas,  The  said  selection  is  made  conditional  upon  the  closing 
tip  of  the  said  several  parts  of  streets  by  the  City  Council  of  said 
city;  and, 

Whereas,  In  and  by  the  resoltuion  of  the  intention  of  this- 
Council  to  close  the  said  streets  between  the  above  indicated  lines, 
it  was  ordered  that  the  lines  of  said  parts  be  surveyed  and  marked 
cut  by  the  City  Survey  or  so  ihat  the  same  may  be  readily  traced  and 
the  plat  thereof  be  made,  returned  and  filed  with  the  City  Clerk,  and 
it  was  further  ordered  that  the  City  F.uperintendent  of  Streets  shouM 
post  along  the  lines  so  fixed  and  marked  by  the  Surveyor  notices  of 
the  passage  of  the  said  resolution,  and  publish  such  notices,  also,  for  a 
period  of  ten  days  in  the  Mail,  a  daily  newspaper  published  in  the 
City  of  Stockton,  and  to  make  and  tile  with  the  City  Clerk  a  report  of 
his  acts  and  proceedings  under  the  said  order;   and. 

Whereas,  It  satisfactorily  appears  to  the  Council  by  and  from 
the  reports  and  the  accompanying  exhibits  and  proofs  of  the  said 
officers  on  file  as  aforesaid,  that,  in  respect  to  the  said  survey  and 
plat  thereof,  and  the  posting  and  publication  of  notice,  and  all  things 
else  specified  in  said  order,  they,  the  said  officers,  have  fully  complied 
therewith;   and. 

Whereas,  The  owner  of  all  the  land  fronting  on  the  said  parts 
of  the  said  streets  has  petitioned  the  Council  for  the  closure  thereof. 
and  no  objections  thereto  have  been  delivered  or  filed  with  the  City 
Clerk  by  any  other  person  or  persons  whatever,  although  more  than 
ten  (10)  days  have  elapsed  since  the  expiration  of  the  time  prescribed. 
lor  the  publication  of  such  notice;  and, 

Whereas,  In  the  judgment  of  the  Council,  the  public  interest  and 
convenience  require  that  the  proposed  closure  be  ordered;  now,  there- 
fore, be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  That  the  certain  hereinafter  described  parts  of  Sutter 
street  and  Willow  street,  in  the  City  of  Stockton,  in  the  County  of 
San  Joaquin  and  State  of  California,  as  the  same  appear  upon  the 
official  map  of  the  said  city,  and  the  lines  whereof  have  been  sur- 
veyed and  marked  on  the  ground  by  the  City  Surveyor,  as  aforesaid — 
that  is  to  say,  that  part  of  Sutter  street  lying  between  the  northerly 
line  of  Vine  street  and  the  southerly  line  of  North  street,  and  that  part 
of  Willow  street  lying  between  the  easterly  line  of  San  Joaquin  street 
and  the  westerly  line  of  California  street — be  and  the  same  are,  and 
each  of  them  is,  hereby  closed  up,  and  henceforth  said  above  described 
parts  shall  not  be  deemed  to  be,  and  are  not,  parts  of  said  Sutter  and 
Willow  streets,  respecti^-ely,  and  shall  not  be,  and  are  not,  open  to 
public  use,  any  act  of  dedication  hitherto  of  the  land  to  such  use  by  the 
proprietor  thereof,  or  by  the  authorities  of  the  City  of  Stockton,  to 
ihe  contrary  notwithstanding. 

Sec.  2.  This  Ordinance  shall  talve  effect  and  he  in  force  from 
and  after  its  passage  and  approval. 

OIWIXANCE   No.   410. 

(Approved  March  ao,  1906.  >     O.  B.  7—70. 
An  Ordinance   Regulating  the  Making  of  Excavations  in  Public  Streets 

and  Places,  and  Declaring  Certain  Acts  to  Be  a  Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
i>€rson,    firm    or   corporation    to   make    any   excavation    in    any   public 


?6  ORDINANCKS. 


street,  alley  or  other  public  place,  in  the  City  of  Stockton,  without 
first  making  a  deposit  for  damagres,  and  indemnitj-  for  damages  as 
hereinafter  provided. 

Sec.  2.  The  person,  firm  or  corporation  intending  to  make  any 
nSuch  excavation  shall  file  with  the  Superintendent  of  Streets  a 
written  notice  of  such  intention,  describing  specifically  the  location 
a.nd  area  of  the  excavation  or  excavations  intended  to  be  made,  and 
f-'hall  deix>sit  vvith  said  Superintendent  of  Streets  a  sum  equal  to  fifty 
v^O)  cents  per  square  foot  of  surface  of  said  excavation  or  excava- 
tions to  be  made  in  the  streets,  alleys  or  other  public  places  which 
are  paved  with  asphaltum  or  bituminous  rock,  or  other  paving  sub- 
stance, a  sum  equal  to  thirty  (30)  cents  per  square  foot  of  surfaca 
of  said  excavation  or  excavations  to  be  made  in  streets  or  places 
■which  are  macadamized,  a  sum  equal  to  twenty  (20)  cents  per  square 
loot  of  surface  of  such  excavation  or  excavations  to  be  made  in 
graveled  streets  or  places,  and  a  sum  equal  to  ten  (10)  cents  for  each 
square  foot  of  surface  of  such  excavation  or  excavations  to  be  made  in 
sny  streets  or  places  which  are  neither  macadamized,  paved  or 
graveled;  provided,  that  no  depos'-it  shall  be  less  than  one  ($1.00) 
dollar;  and  provided,  further,  that  any  person,  firm  or  corporation 
intending  to  make  excavations  in  the  public  streets,  alleys  or  places 
may  make  and  maintain  a  general  deposit  with  the  said  Superin- 
tendent of  Streets  in  the  sum  of  three  hundred  ($300.00)  dollar.^, 
for  any  damages,  and  as  indemnity  for  any  damages  which  may  bo 
caused  by  the  making  of  such  excavations,  and  while  such  general 
deposit  is  maintained  at  the  sum  of  $300.00,  such  person,  firm  or 
•corporation  shall  not  be  required  to  make  the  special  deposit  herein- 
before provided  for,  but  shall  be  required  to  file  a  written  notice  of 
intention  concerning  each  excavation  as  above  described,  before 
beginning  the  same. 

Sec.  3.  The  Superintendent  of  Streets,  on  receiving  the  written 
notice  and  the  general  or  special  deposit  required  by  Section  1 
liereof,  shall  issue  a  receipt  for  such  deposit  and  shall  open  and  keep 
&n  account  thereof.  Said  receipt  shall  specify  the  person,  firm  or 
corporation  to  whom  :t  is  issued,  and  the  date  when  issued,  and  in 
case  of  a  special  deposit,  the  street,  allej  or  public  place,  and  the 
particular  portion  or  portions  thereof  to  be  excavated,  and  the  extent 
of  such  excavation.  In  case  a  gereral  deposit  is  made  and  main- 
tained, as  aforesaid,  said  Superintendent  of  Streets  shall  on  receipt  of 
notice  of  an  excavation  from  the  person,  firm  or  corporation  from 
whom  such  general  deposit  has  been  received,  issue  to  such  person, 
firm  or  corporation  a  written  certificate  setting  forth  that  such 
general  deposit  has  beer,  made  with  the  Superintendent  of  Streets, 
and  specifying  the  matters  required  to  be  contained  in  a  receipt  for 
a  special  deposit,  and  no  such  receipt  or  certificate  shall  be  trans- 
lerable. 

Sec.  4.  All  refilling  of  such  excavations  shall  be  made  in  the 
lollowing  manner,  to-wit; 

The  earth  or  other  original  filling  material  shall  be  replaced, 
carefully  tamped  in  layers  not  exceeding  six  inches  in  thickness, 
and  each  such  layer  shall  be  dampened  with  water  before  the  next 
■such -layer  is  put  on,  and  the  last  layer  shall  be  well  flooded  and 
tamped,  although  the  same  may  be  less  than  six  inches  in  thickness. 
In  all  cases  where  a  pipe  not  exceeding  four  inches  in  diameter  is 
placed  in  such  excavation,  all  material  excavated  therefrom  shall  be 
replaced  therein.  Where  the  street  or  place  where  such  excavation 
ir  made  is  graveled  or  macadamized,  the  gravel  or  macadam  removed 


ORDINANCES. 


I  t 


therefrom  shall  be  kept  separate  from  all  other  material  or  earth 
excavated,  and  shall  be  replaced  and  tamped  on  the  top  of  such 
other  earth  or  street  material.  When  the  refilling  of  any  of  the 
excavations  in  a  macadamized,  graveled  or  unimproved  alley,  place 
or  street  is  completed  the  same  shall  be  well  wet  and  rolled  with  a 
roller  weighing  not  less  than  six  tons,  and  the  surface  of  such  refilling, 
after  the  same  is  rolled,  shall  be  made  flush  with  the  surrounding 
fcurface  of  such  macadamized,  graveled  or  unimproved  street  or  place. 
Whenever,  in  the  judgment  of  the  Superintendent  of  Streets,  the 
rolling  herein  provided  for  is  not  necessary  or  expedient  on  a  particu- 
lar piece  of  work,  the  said  rolling  need  not  be  done,  but  i>ermissioii 
to  except  said  rolling  must  be  had  in  writing  from  the  Superintendent 
of  Streets. 

Sec.  5.  Where  the  street  or  other  public  place  in  which  said 
excavation  is  made  is  paved  with  asphaltum  or  bituminous  rock,  the 
person,  firm  or  corporation  making  the  excavation  shall  refill  the 
same  as  hereinbefore  provided,  up  to  thp  under  side  of  the  pavement, 
and  when  said  refilling  is  in  proper  rendition  shall  proceed  to  replace 
and  repair  the  pavement  torn  up  or  damaged  by  such  excavation  in 
>iccordance  with  the  specitications  adopted  and  used  for  the  laying  of 
such  asphaltum  or  bituminous  rock  pavement  so  torn  up. 

Sec.  6.  It  shall  be  the  duty  of  every  person,  firm  or  corporation 
by  whom  or  under  whose  immediate  direction  or  authority,  either  as 
principal,  contractor  or  emplover,  any  portion  of  any  public  street, 
alley  or  other  public  place  may  be  made  dangerous  by  any  excava- 
tion on  such  street,  alley  or  other  public  place,  to  erect,  and  so  long 
as  the  danger  may  continue,  be  maintained  around  the  portion  of 
puch  street,  alley  or  other  public  place,  so  made  dangerous  by  such 
excavation,  a  good  and  substantial  barrier,  and  to  place  and  main- 
lain  lights  at  each  end  of  said  barrier,  and  at  a  distance  of  not  more 
than  fifty  feet  along  the  line  thereof,  from  sunset  of  each  day  to 
sunrise  of  the  next  day  until  such  excavation  is  entirely  refilled. 

Sec.  7.  After  such  excavation  is  commenced  the  work  of  making 
andi  refilling  the  same  shall  be  prosecuted  with  due  diligence,  and  so 
as  not  to  obstruct  the  street,  alley  or  other  public  place  or  the  travel 
thereon  more  than  is  actually  necessary  therefor.  If  the  work  is  not 
so  prosecuted,  or  if  the  work  of  refilling  does  not,  in  the  judgment 
of  the  Superintendent  of  Streets,  comply  with  the  terms  of  this 
Ordinance,  the  Superintendent  of  Streets,  shall  notify  the  pei-son. 
firm  or  corporation  named  in  the  receipt  or  certificate  that  the  work 
is  not  being  prosecuted  with  due  diligence,  or  that  the  refilling  of  suck 
excavation  has  not  been  properly  done,  and  require  such  person. 
firm  or  coriwration,  within  five  days  after  the  service  of  such  notice, 
to  proceed  with  the  diligent  prosecution  of  said  work  so  as  to  properly 
complete  the  same  without  further  delay.  Such  notice  shall  be 
written  or  printed  and  shall  be  personally  served  or  served  by 
leaving  it  at  the  residence  or  place  of  business  of  such  person, 
firm  or  corporation,  or  if  such  person,  firm  or  corporation 
cannot  be  round,  and  such  place  of  business  or  place  oc 
residence  is  unknown  or  is  outside  of  the  city,  said  notice  may 
be  served  by  depositing  it  in  the  United  States  Postofiice,  postage 
prepaid,  addressed  to  the  person,  firm  or  corporation  at  such  place 
of  business  or  residence,  if  known,  or  if  unknown,  at  the  City  of 
Stockton.  If  such  notice  is  not  complied  with,  the  Superintenden: 
of  Streets  shall  do  such  work  as  is  necessary  to  refill  such  excavation 


78  ORDINANCES. 


and  to  restore  the  street,  alley  or  other  public  place,  or  any  part 
thereof  excavated,  to  as  good  a  condition  as  the  same  was  in  beforct 
such  excavation  was  made. 

Sec.  8.  The  person,  firm  or  corporation  by  whom  any  excavation 
in  paved,  macadamized  or  graveled  public  streets,  alleys  or  other 
public  places  shall  be  made,  shall  be  deemed  and  held  to  warrant 
the  work  of  refilling  and  the  repair  thereof  for  the  period  of  one  year 
after  the  refilling  of  such  excavation  against  all  defects  in  workman- 
ship or  materials.  Whenever  within  said  period  of  one  year  any  part 
of  the  pavement  or  surface  of  the  public  street  or  place  so  war- 
ranted becomes  in  need  of  repairs,  by  reason  of  any  defect  in  work- 
manship done  or  materials  furnished  in  said  work  of  refilling  or 
repair  the  Superintendent  of  Streets  shall  serve  on  the  person,  firm 
or  corporation  by  whom  the  excavation  was  made  a  written  notice 
stating  what  repairs  are  necessary  and  requiring  such  repairs  to  be 
made  within  five  daj'S  after  the  service  of  such  notice.  Said  notice 
shall  be  served  in  the  manner  provided  in  Section  7  of  this  Ordin- 
ance, and  if  the  same  is  not  complied  with  the  Superintendent  of 
Streets  shall  proceed  at  once  to  make  such  repairs. 

Sec.  9.  The  Superintendent  of  Streets  shall  deduct  from  the 
deposit  made  for  any  excavation  made  under  the  provisions  of  this 
Ordinance  the  cost  of  any  work  done  or  repairs  made  by  him  under 
The  provisions  of  Sections  7  and  8  of  this  Ordinance,  from  any  and 
all  deposits  then  in  his  hands,  or  that  may  thereafter  come  into  his^ 
hands,  belonging  to  the  person,  firm  or  corporation  required  by  thiis 
Ordinance  to  do  such  work  or  make  such  repairs.  Immediately  upon 
the  completion  of  the  work  of  refilling  and  resurfacing  the  excava- 
tion or  excavations  for  Avhich  a  special  deposit  has  been  made  adi 
aforesaid,  the  Superintendent  of  Streets  shall  return  and  refund  to 
the  person,  firm  or  corporation  making  such  special  deposit,  as  in 
Section  2  hereof  provided,  the  balance  of  such  deposit  after  making  all 
•of  the  deductions  herein  authorized,  and  he  shall  in  like  manner,  after 
the  completion  of  the  work  of  refilling  and  resurfacing  all  excavations- 
ior  which  a  general  deposit  has  been  made,  return  and  refund  such 
general  deposit,  after  making  the  jdeductions  herein  authorized,  unle=>s 
such  depositor,  within  five  days  after  written  notice  of  such  deduc- 
tions given- in  the  manner  provided  in  Section  7  of  this  Ordinance, 
deposits  with  the  Superintendent  of  Streets,  an  amount  sufficient  to 
keep  said  deposit  as  a  general  deposit  of  three  hundred  ($300.00) 
dollars.  The  decision  of  the  Superintendent  of  Streets  as  to  the  cost 
of  any  work  done  or  repairs  made  by  him  under  the  provisions  of 
Sections  7  and  8  hereof,  shall  be  final  and  conclusive  as  to  such  cost. 
Said  Superintendent  of  Streets  shall  forthwith  pay  to  the  City  Treas- 
urer all  sums  deducted  by  him  from  all  deposits,  and  said  City 
Treasurer  shall  depofuit  all  said  sums  to  the  credit  of  the  "Street 
Contingent  Fund." 

Sec.  10.  All  excavations,  refilling  of  excavations,  and  repairing 
of  pavements  made  or  done  under  the  provisions  of  this  Ordinance 
shall  be  made  or  done  under  the  supervision  and  direction  of  the 
Superintendent  of  Streets,  whose  duty  it  shall  be  to  supervise  and 
direct  the  making  and  refilling  of  all  such  excavations,  and  the  repair 
of  all  such  pavements,  and  to  approve  the  same  upon  completion 
thereof. 

Sec.  11.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person, 
finn  or  corporation  to  lay  any  gas  or  water  surface  pii^e  or  main  pipe, 
>or  private  sevser,  or  any  drain  or  other  conduit  in  any  street  or  other 


ORDINANCES.  79 


public  place  in  the  City  of  Stockton,  at  a  distance  of  less  than  two 
leet  below  the  established  grade  of  gutter  of  such  street  or  alley,  or 
less  than  two  feet  below  the  surface  of  such  other  public  place. 

Sec.  12.  Any  person,  firm  or  corporation  engaged  in  the  makin? 
or  refilling  of  any  excavation  in  any  public  street,  alley  or  public 
place,  must,  at  all  times  while  such  work  is  in  progress,  keep  at  the 
place  where-  such  excavation  is  being  made,  the  original  receipt,  or  a 
•copy  thereof,  for  any  such  deposit  made  for  such  excavation,  or  in 
•case  of  a  general  deposit,  the  original  certificate  of  the  Superinten- 
dent of  Streets,  or  a  copy  thereof  certified  to  as  correct  by  the  Sui>er- 
intendent  of  Streets,  showing  that  such  excavation  is  covered  by 
such  general  deposit,  and  must,  on  demand,  exhibit  the  same  to  the 
Superintendent  of  Streets  or  to  any  police  officer. 

Sec.  13.  Any  person,  firm  or  corporation  who  shall  violate  any  of 
the  provisions  of  this  Ordinance  shall  be  deemed  guilty  of  a  misde- 
meanor. 

Sec.  14.  All  Ordinances  or  parts  of  Ordinances  in  conflict  with 
this  Ordinance  are  hereby  repealed. 

Sec.  15.  This  Ordinance  shall  take  effect  and  be  in  force  from 
.and  after  its  final  passage  and  approval. 


ORDINANCE   No.   401. 

(Approved   August   25,    1905.)      O.    B.    7—53. 

An  Ordinance  Regulating  the  Transporting  On,  Along  or  Over  the 
Streets  or  Sidewalks  in  Vehicles,  of  Dirt,  Sand,  Loam  or  Other 
Soil,  Gravel,  Rock,  Stone,  Brick,  Hay,  Straw,  Wood,  Street 
Cleanings,   Filth   or  Rubbish,  or  Other   Materials. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  No  person  shall  transport  or  cause  to  be  transported 
tm.  along  or  over  any  street  or  sidewalk  in  the  City  of  Stockton,  any 
dirt,  sand,  loam  or  other  soil,  gravel,  rock,  stone,  brick,  hay,  straw, 
v/ood.  street  cleanings,  filth  or  rubbish  or  other  materials,  in  any 
vehicle  which  is  not  so  constructed  and  maintained  in  such  good 
•condition  as  to  prevent  its  contents  from  leaking,  dropping  or  spilling. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  as  provided  in  Section  74  ot  Ordinance  No.  53  of  the  Ordi- 
nances Df  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

ORDINANCE  No.   442. 

(Approved   May  7,   1907.)      O.  B.   7—145. 

An  Ordinance  Authorizing  the  Construction  and  Purchase  by  the  City 
of  Stockton  of  a  Garbage  and  Refuse  Incinerator  for  the  Use  of 
Said  City,  and  Appropriating  Money  Therefor,  and  Directing  the 
Mayor  to  Enter  Into  a  Contract  on  Behalf  of  the  City  for  That 
Purpose. 
Whereas.   The  Citv  Council  of  this  city,  in  accordance  with  the 

Charter  and    Ordinances   of 'the   city,   has   caused   to  be   published   a 

notice   inviting   proposals   for  a  garbage   disposal   plant  for   the   City 

of  Stockton;   and. 


80  ORDINANCES. 


Whereas,  In  pursuance  of  said  notice  several  bids  or  proposals 
have  been  presented  to  the  City  Council  for  the  construction  of  saifl 
garbage  disposal  plant:  and. 

Whereas^  The  City  Council  of  the  City  of  Stockton  did  on  the 
16th  day  of  April,  1907,  in  open  session,  by  resolution  duly  passed,^ 
accept  the  proposal  or  bid  of  the  Decarie  Manufacturing  Company,  a 
corporation,  for  the  construction  of  one  (1)  Decarie  Patent  Garbage 
and  Refuse  Incinerator,  and  awarded  the  contract  for  the  same  to 
said  company,  upon  the  terms  mentioned  and  set  forth  in  their 
certain  bid  indorsed  "Bid  of  Decarie  Manufacturing  Co.  for  Garbage 
Disposal  Plant  No.  4;"  and, 

^Whereas,  The  City  Council  of  this  city  deems  the  construction  and 
erection  of  said  plant  to  be  a  matter  of  public  interest  and  necessity 
to  the  city: 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  matter  of  the  construction  of  a  garbage  disposal 
plant  for  the  City  of  Stockton  is  hereby  declared  to  be  a  matter  of 
public  interest  and  public  necessity  to  this  city. 

Sec.  2.  The  Mayor  of  the  City  of  Stockton,  in  the  name  of  and 
on  behalf  of  the  City  of  Stockton,  is  hereby  authorized,  empowei^ed 
and  directed  to  make,  execute  and  deliver  to  the  Decarie  Manufacturing 
Company,  a  corporation,  a  written  contract  for  the  erection  and  con-' 
struction  of  one  (1)  Decarie  Patent  Garbage  and  Refuse  Incinerator,  in 
accordance  with  the  written  proposal  or  bid  of  said  company  therefor, 
on  file  in  the  office  of  the  City  Clerk  of  this  city  and  indorsed  "Bid  of 
Decarie  Manufacturing  Co.  for  Garbage  Disposal  Plant  No.  4,"  and 
upon  the  terms  mentioned  in  the  said  bid. 

Sec.  3.  The  sum  of  five  thousand  dollars  ($5,000)  being  the  first 
annual  payment,  as  rental  for  said  plant,  is  hereby  appropriated  out 
of  the  General  Pimd  of  said  city,  to  pay  for  the  cost  of  said  work, 
and  the  annual  payments  of  rental  lor  said  plant,  amounting  in  the 
aggregate  to  twenty  thousand  dollars  ($20,000),  are  hereby  author- 
ized to  be  made  upon  compliance  v/ith  the  terms  of  said  contract 
by  said  company. 

Sec.  4.  This  Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  final  passage  and  approval. 


OIM)INANCE   No.   400. 

(Approved  July  31,   1905.)      O.   B.   7—52. 

Dividing    the    City    Into    Four    Wards    and     Defining    the    Boundaries 

Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  City  of  Stockton  is  hereby  divided  into  four 
wards,  the  respective  boundaries  of  which  are  as  follows,  to-wit: 

First  Ward — All  the  territory  Mnthin  the  limits  of  said  city  south 
of  the  center  of  Main  street  and  west  of  the  center  of  Sutter  street'.  ♦ 


ORDINANCES.  SI 


Second  Ward — AH  the  territory  within  the  limits  of  said  city 
north  of  the  center  of  Main  street  and  west  of  the  center  of  Sutter 
street. 

Third  Ward — All  the  territory  within  the  limits  of  said  city  south 
of  the  center  of  Main  street  and  east  of  the  center  of  Sutter  street. 

Fourth  Ward — All  the  territory  within  the  limits  of  said  city 
Eorth  of  the  center  of  Main  street  and  east  of  the  center  of  Sutter 
street. 

Sec.  2.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


OFFICIAL   MAP  OF  THE   CITY. 

Resolved,  That  the  lithographed  map  of  the  City  of  Stockton  and 
vicinity  prepared  by  H.  T.  Compton,  City  Surveyor,  and  dated  July, 
1894,  be  and  the  same  is  hereby  approved  and  declared  to  be  the 
official  map  of  the  City  of  Stocktqn,  so  far  as  the  same  relates  to 
territory  within  the  present  city  limits.  The  City  Clerk  is  hereby 
directed  and  authorized  to  mark  the  copy  of  said  maps  herewith 
presented,  for  the  purpose  of  identification,  by  entering  thereon  his 
official  certificate  that  the  same  was,  as  aforesaid,  approved  and 
adopted  by  this  Council. 

Adopted  by  City  Council,-  July  23,  1894. 


ACCEPTANCE    OF    DEDICATIONS. 

Resolved,  That  the  City  of  Stockton  hereby  accepts  all  dedica- 
tions and  offers  to  dedicate  to  public  uses  of  all  and  singular  such 
streets,  highways  and  other  public  places  as  are  shown,  delineated 
or  indicated  upon  the  present  official  map  of  said  city,  which  map 
was  made  by  H.  T.  Compton,  City  Surveyor,  and  adopted  by  the  City 
Council  on  the  23d  day  of  July,  1 S94 ;  provided,  that  the  enumeration  of 
dedications  and  offers  to  dedicate  hereinbefore  accepted  shall  not  be 
construed  as  either  an  acceptance  or  a  refusal  to  accept  other  dedica- 
tions or  offers  to  dedicate  not  so  enumerated. 

Adopted  by  the  City  Council,   September  24,  1894. 


STREETS  UNDER  SECTION  20  OF  THE  GENERAL  STREET  LAW. 

ACCEPTED.                                             O,.^  ^^ 

Acacia,  from  Hunter  to  California 184 

American,  from  Weber  avenue  to  Channel 398 

California  street,  from  Market  to  Lafayette 94 

Center,  from  Oak  to  North 193 

Channel,  from  Bl  Dorado  to  American 111 

Channel,  from  American  to  Stanislaus 204 

Church,  from  Aurora  to  Grant -- 398 

Church,  from  Pilgrim  to  Union 398 

Commerce,  from  Fremont  to  Oak 39S 

El  Dorado,  from  Magnolia  to  North. 184 

El  Dorado,  from  Taylor  to  Worth 398 

Grant,  from  Washington  to  Sonora 184 


82  ORDINANCES. 


Ord.  No. 

Grant,  from  Main  to  Weber  avenue . 398 

Grant,  from  Market  to  Main 204 

Hunter,  from  Market  to  Washington 103 

Hunter,  from  Vine  to  Miner  Channel 180 

Jackson,  from  San  Joaquin  to  Sutter .  398 

Jackson  from  Sutter  to  California 398 

Lafayette,  from  Sierra  Nevada  to  East , 398 

Lafaj^ette,  from  Stanislaus  to  Grant 398 

Lafayette,  from  California  to   Stanislaus 398 

Lafayette,  from  Grant  to  Aurora 398 

Lincoln,  from  Oak  to  Poplar 398 

Lincoln,  from  Poplar    to   Acacia 398 

Lindsay,  from  Pilgrim  to  Union 398 

Lindsay,  from  California  to  American 184 

Madison,  from  Poplar  to  Acacia 398 

Madison,  from  Fremont  to  Oak 398 

Madison,  from  Flora   to  Poplar 398 

Madison,  from  A.cacia  to  Magnolia 398 

Madison,  from  Market  to  Washington 184 

Madison,  from  Market  to  Main '_ 184 

Main,  from  Sutter  to  San  Joaquin 266 

Main,  from  Hunter  to  El  Dorado 266 

Market,  from  Sacramento  to  Hunter 99 

Monroe,  ^from  Fremont   to    Oak 398 

Monroe, 'from  Oak  to  Park ,  398 

Monroe,  from  Park  to  Flora. ._ __.' 398 

Monroe,  from  Poplar  to  Acacia 398 

Oak,  from  Van  Buren  to  Lincoln 398 

Oak,  from  Pilgrim  to  Union 398 

Park,  from  Harrison  to  Baker 398 

Park,  from  Hunter  to  Madison 398 

Park,  from  California  to  Aurora 180 

Park,  from  Madison  to  Harrison , 204 

Pilgrim,  from  Lindsay  to   Park 398 

Pilgrim,  from  Sonora  to  Church 398 

San  Joaquin,  from  Channel  to  Weber  avenue 204 

San  Joaquin,  from  Channel  to  Miner  Channel 204 

San  Joaquin,  from  Taylor   to    South 398 

San  Joaquin,  trom  Rose   to  North 398 

Sierra  Nevada,  from_  Lafayette  to  W^ashington.__ 398 

Sierra  Nevada,  from  Market  to  Main 398 

Sierra  Nevada,  from  Washington  to  Market i  398 

Sonora,  from  California  to  Aurora 184 

Stanislaus,  from  Market  to  Weber  avenue 184 

Stanislaus,  from  Washington  to  Market .__  398 

Sutter,  from  Channel  to  Weber  avenue 127 

Sutter,  from  Channel  to  Miner  Channel 184 

Sutter,  from  Rose  to  Vine 398 

Van  Buren,  from  Park  to  Flora 398 

Van  Buren,  from  Oak   to   Park 398 

Van  Buren,  from  Fremont  to  Oak _ 398 

Van  Buren,  from  Flora  to  Poplar 398 

Vine,  from  San  Joaquin  to  California 398 

Washington,  from  Ophir  to  Pilgrim 398 

Weber  avenue,  from  California  to  American _  184 

Willow,  from  San  Joaquin   to  Hunter 398 

Worth,  from  Hunter  to  El  Dorado , 398 


ORDINANCES.  S3 


CONDTTIONAI.LY   ACCEPTED.                         r.  ^  at^ 

Ord.  No. 

Acacia  street,  from  Monroe  to  Edison 207 

Acacia,  from  Monroe  to  Center . 318 

Acacia,  from  Centei-  to  El  Dorado 318 

Acacia,  from  El  Dorado  to  Hunter 318 

American,  from  Market  to  Main ._. 118 

American,  from  Main  to  Weber  avenue 229 

American,  from  Weber  avenue  to  Channel 318 

Aurora,  from  Taylor  to  South 184 

Aurora,  from  Miner  avenue  to  Miner  Channel 318 

Afirora,  from  Miner  Channel  to  Park 318 

Aurora,  from  Hazelton  aver.ue  to  Mormon  Channel 266 

California,  from  Market  to  Channel 14 

California,  from  Lafayette  to  Mormon  Channel 124 

California,  from  Channel  to  Park 132 

California,  from  Park  to  North 208 

Center,  from     Market  to  Mormon  avenue 16 

Center,  from  Main  to  Weber  avenue -:,__  80 

Center,  from  South  to  Mormon  Channel 229 

Center,  from  Main   to   Market 318 

Channel,  from  Stanislaus   to   Grant 318 

Channel,  from  Grant  to  Aurora 318 

Channel,  from  Aurora  to  Sacramento 318 

Channel,  from  Sacramento  to  East 214 

Cliurch,  from  Aurora  to  Grant 342 

Commerce,  from  Main   to  Weber  levee 12 

Commerce,  from  Acacia  to  Willow 164 

Commerce,  from  Willow  to  North 299 

Commerce,  from  Park  to  Flora 318 

Commerce,  from  Flora  to  Poplar ,  31S 

Commodore  levee  and  Channel,  from  El  Dorado  to  Center 318 

El  Dorado,  from  Magnolia  to  Weber  avenue 135 

El  Dorado,  from  Washington  to  Market 318 

El  Dorado,  from  Market  to  Main. 318 

El  Dorado,  from  Main  to  Weber  avenue 318 

Fremont,  from  Hunter  to  El  Dorado 229 

Fremont,  from  American   to   Stanislaus 318 

Fremont,  from  Stanislaus  to  Grant 313 

Fremont,  from  California  to  American 318 

Grant,  from  Park  to  Oak 318 

Grant,  from  Oak  to  Miner  Channel 318 

Grant,  from  Miner  Channel  to  I^indsay 318 

Grant,  from  Lindsay  to  Miner  avenue 318 

tjrant.  from  Market  to  Washington 318 

Hazelton  avenue,  from  Aurora  to  Sacramento 342 

Hunter,  from  Market  to  Weber  avenue 119 

Hunter,  from  Washington  to  Hazelton  avenue 318 

Hunter,  from  Weber  avenue  to  Channel 318 

Hunter,  from  Channel  to  Miner  Channel 318 

Hunter,  from  Vine  to  North 318 

Lafayette,  from  Aurora  to  Sacramento -  318 

l<afayette,  from  Sacramento  to  Pilgrim 318 

Lafayette,  from  Van  Buren  to  Lincoln 184 

Lincoln,  from  Butler  to  Mormon  Channel 184 

Lincoln,  from  Washington  to  the   wharf 2Q& 

Lincoln,  from  Washington  to  Mormon  Channel 318 

Lindsay,  from  American  to  Grant 288 


84  ORDINANCES. 

Ord.  No. 

Lindsay,  from  Grant  to  Aurora 318 

Madison,  from  Oak  to  Flora 299 

Madison,  from  M^ashington   to    Sonora 299 

Main,  from  Grant  to  Commerce 12 

Main,  from  Commerce  to  Monroe 318 

Main,  from  Grant  to  Sacramento 318 

Magnolia,  from  California  to  El  Dorado 288 

Market,  from  Pilgrim  to  East 13 

Market,  from  Hunter  to  Center 318 

Monroe,  from  Lafayette   to   Main 318 

Oak,  from  El  Dorado  to  Califoi-nia , 288 

Oak,  from  California  to  American 318 

Oak,  from  American  to  Aurora 318 

Oak,  from  Aurora  to  Sacramento 31S- 

Ophir,  front  Market  to  Lafayette 318 

Park,  from  Hunter  to  California 318 

Park,  from  Aurora  to  East 206 

Park,  from  Harrison    to    Baker 342 

Pilgrim,  from  Miner  avenue  to  Fremont 342 

Pilgrim,  from  Fremont   to    Park 342 

Poplar,  from  California  to  Sutter 299 

Poplar,  from  Madison  to  Harrison 266 

Poplar,  from  Harrison  to  Edison 288 

Poplar,  from  Edison  to  Baker 318 

Rose,  from  California  to  Hunter 318 

Rose,  from  Hunter  to  El  Dorado 318 

Rose,  from  El  Dorado  to   Center 318 

Rose,  from  Center  to  Commerce 318 

Rose,  from  Commerce  to^  Madison . —  318 

San  Joaquin,  from  Market  to  Mormon  avenue 198 

San  Joaquin,  from  Market  to  Hazelton  avenue 318 

San  Joaquin,  from  Market  to  Main , 125 

San  Joaquin,  from  Main  to  Weber  avenue 17 

San  Joaquin,  from  Miner  avenue  to  Fremont , 318 

San  Joaquin,  from  Oa):  to  Fremont 288 

San  Joaquin,  from  Rose   to  Magnolia 31& 

San  Joaquin,  from  Magnolia   to   Acacia , 318 

San  Joaquin,  from  Acacia  to  150  feet  south , 318 

San  Joaquin,  from  Flora  to  Park 318 

San  Joaquin,  from  Taylor  to  South 342 

San  Joaquin,  from  Rose   to   North 342 

Stanislaus,  from  Miner  avenue  to  the  bridge  across  Miner  Chan- 
nel    318 

Stanislaus,  from  the  bridge  across  Miner  Channel  to  Oak 318 

Stanislaus,  from  Oak  to  Park 318 

Stitter,  from  Main  to  Market 318 

Sutter,  from  Main  to  Weber  avenue 120 

Sutter,  from  Channel  to  W^eber  avenue 127 

Sutter,  from  Acacia  to  Magnolia 318: 

Sutter,  from  Magnolia  to  Rose 318 

Vine,  from  Hunter  to  San  Joaquin 318 

Vine,  from  San  Joaquin  to  California 342 

Vine,  from  Hunter  to  Center - 288 

Vine,  from  Center  to  Commerce 318 

Vine,  from  Commerce  to  Madison 318 

Washington,  from  San  Joaquin  to  Hunter 18 

Washington,  from  Hunter  to  Center 318 


ORDINANCES.  85 

Ord.  No. 

Washinsrton,  from  Center  to  Monroe... 318 

Washington,  from  Monroe  to  Harrison [_'_  318 

Weber  avenue,  from  California   to   Hunter .-"."'''     15 

Weber  avenue,  from  Monroe  to  Edison 208 

Weber  avenue  and  Weber  levee,  from  Hunter  to  Madison...""'"  318 

Weber  avenue,  from  American  to  Aurora. 318 

Weber  avenue,  from  American  to   -\urora 342 

Weber  levee,  from  Madison  to  Monroe __  288 

Willow,  from  Commerce    to   Center 288 

Willow,  from  Hunter  to  El  Dorado 318 

Willow,  from  El  Dorado  to  Center 318 


Ordinance     No.    467,     Conditionally    Accepting     the     Following-Named 
Streets,  Was  Passed  by  the  City  Council  on  April  27,  1908: 

Acacia  street,  from  the  west  line  of  Edison  to  the  east  line  of  Baker. 
American,  from  north  line  of  Hazelton  ave.  to  south  line  of  Church. 
-American,  from  north  line  of  Church  to  south  line  of  Sonora. 
American,  from  north  line  of  Sonora  to  south  line  of  Lafayette. 
American,  from  north  line  of  Lafayette  to  south  line  of  Washing^ton. 
American,  from  north  line  of  South  to  south  line  of  Clay. 
American,  from  north  line  of  Clay  to  south  line  of  Jackson. 
American,  from  north  line  of  Jackson  to  south  line  of  Jefferson. 
American,  from  north  line  of  Jefferson  to  south  line  of  Anderson. 
American,  from  north  line  of  Andrrson  to  south  line  of  Worth. 
American,  from  south  line  of  Worth  to  south  line  of  Taylor. 
Anderson,  from  east  line  of  Center  to  west  line  of  Hunter. 
Anderson,  from  oast  line  of  Hunter  to  west  line  of  San  Joaquin. 
.Ander.son,  from  east  line  of  San  Joaquin  to  west  line  of  California. 
Anderson,  from  east  line  of  California  to  west  line  of  Aurora. 
Baker,  from  north  line  of  Park  to  south  line  of  Poplar. 
Baker,  from  north  line  of  Poplar  to  north  line  of  Mag^iolia. 
California,  from  south  line  of  Monnon  Channel  to  north  line  of  South. 
Center,  from  north  line  of  Steamboat  lev^e  to  south  line  of  Oak. 
Church,  from  east  line  of  Pilgrim  t£)  west  line  of  East. 
Church,  from  east  line  of  Grant  to  west  line  of  American. 
Church,  from  east  line  of  Center  to  west  line  of  El  Dorado. 
Church,  from  east  lino  of  El  Dorado  to  west  line  of  Hunter. 
Church,  from  west  lino  of  Lincoln  to  west  line  of  Edison. 
Clay,  from  east  line  of  Center  tc  west  line  of  Hunter. 
Clay,  from  east  line  of  Hunter  to  west  line  of  San  Joaquin. 
Clay,  from  east  line  of  San  .Joaquin  to  west  line  of  California. 
Clay,  from  east  line  of  California  to  west  line  of  Aurora. 
Edison,  from  north  line  of  Park  to  south  line  of  Poplar. 
Edison,  from  north  line  of  Poplar  to  north  line  of  Magnolia. 
El  Dorado,  from  north  line  of  South  to  south  line  of  Clay. 
El  Dorado,  from  north  line  of  Clay  to  south  line  of  Jackson. 
El  Dorado,  from  north  line  of  Jackson  to  south  line  of  Jefferson. 
El  Dorado,  from  north  line  of  Jefferson  to  south  line  of  Anderson. 
El  Dorado,  from  north  line  of    Anderson  to  south  line  of  Worth. 
Flora,  from  east  line  of  Monroe  to  east  line  of  Van  Buren. 
Flora>  from  west  line  of  Van  Buren  to  east  line  of  Lincoln. 
Flora,  from  west  line  of  Harrison  to  '?ast  line  of  Edison. 
Flora,  from  west  line  of  Edison  to  east  line  of  Baker. 
Flora,  from  east  line  of  Sacramento  to  west  line  of  East. 
Fremont,  from  east  line  of  Sierra  Nevada  to  west  line  of  East. 
Grant,  from,  north  line  of  Hazelton  avenue  to  south  line  of  Church. 


86  ORDIN/^NCES. 


Harrison,  from    north  line  of  Acacia  to  south  line  of  Rose. 

Harrison,  from  Miner  levee  to  center  line  of  Fremont. 

Harrison,  from  north  line  of  Oak  to  south  line  of  Park. 

Harrison,  from  north  line  of  Park  to  south  line  of  Poplar. 

Harrison,  from  north  line  of  Poplar  to  south  line  of  Acacia. 

Hazelton  avenue,  from  east  line  of  Sacramento  to  west  line  of  East. 

Jackson,  from  east  line  of  Center  to  west  line  of  Hunter. 

Jackson,  from  east  line  of  Hunter  to  west  line  of  San  Joaquin. 

Jackson,  from  east  line  of  California  to  west  line  of  Aurora. 

Jefferson,  from  east  line  of  Center  to  west  line  of  Hunter. 

Jefferson,  from  east  line  of  Hunter  to  west  line  of  San  Joaquin. 

Jefferson,  from  east  line  of  San  .Toaquin  to  west  line  of  California. 

Jefferson,  from  east  line  of  California  to  west  line  of  Aurora. 

Jefferson,  from  east  line  of  Union  to  west  line  of  Pilgrim. 

Lincoln,  from  north  line  of  Acacia  to  south  line  of  Magnolia. 

Lincoln,  from  south  line  of  Magnolia  to  south  line  of  Rose. 

Lincoln,  from  center  line  of  Fremont  to  south  line  of  Oak. 

Lindsa5%  from  east  line  of  Aurora  to  west  line  of  Union. 

Lindsay,  from  east  line  of  Pilgrim  to  west  line  of  East. 

Magnolia,  from  west  line  of  Van  Buren  to  east  line  of  Lincoln. 

Magnolia,  from  west  line  of  Lincoln  to  east  line  of  Harrison. 

Magnolia,  from  west  line  of  Harrison  to  east  line  of  Edison. 

Magnolia,  from  east  line  of  Madison  to  east  line  of  Monroe. 

Magnolia,  from  west  line  of  Edison  to  east  line  of  Baker. 

Market,  from  west  line  of  Monroe  to  east  line  of  Lincoln. 

Miner  avenue,  from  east  line  of  Pilgrim  to  west  line  of  East. 

Monroe,  from  north  line  of  Flora  to  south  line  of  Poplar. 

Monroe,  from  north  line  of  Mormon  levee  to  south  line  of  Lafayette. 

Monroe,  from  north  line  of  Rose  to  south  line  of  Vine. 

Monroe,  from  north  line  of  Vine  to  south  line  of  Willow. 

Monroe,  from  north  line  of  Acacia  to  south  line  of  Rose. 

Oak,  from  west  line  of  Lincoln  to  center  line  of  Edison. 

Oak,  from  east  line  of  Sacramento  to  west  line  of  Union. 

Oak,  from  east  line  of  Union  to  west  line  of  Pilgrim. 

Oak,  from  east  line  of  Pilgrim  to  west  line  of  East. 

Pilgrim,  from  north  line  of  South  to  north  line  of  Jefferson. 

Pilgrim,  from  north  line  of  Park  to  south  line  of  Flora. 

Pilgrim,  from  north  line  of  Flora  to  south  line  of  Poplar. 

Pilgrim,  from  north  line  of  Anderson  to  south  line  of  Taylor. 

Pilgrim,  from  north  line  of  Taylor  to  south  line  of  Scott's  avenue. 

Pilgrim,  from  north  line  of  Scott's  ave.  to  south  line  of  Hazelton  ave 

Pilgrim,  from  north  line  of  Hazelton  avenue  to  south  line  of  Church. 

Poplar,  from  east  line  of  Baker  to  east  line  of  Stockton. 

Rose,  from  west  line  of  Madison  to  west  line  of  Lincoln., 

Scott's  avenue,  from  east  line  of  Sacramento  to  west  line  of  East. 

Sierra  Nevada,  from  north  line  of  Main  to   south   line  of  Weber  ave. 

Sierra  Nevada,  from  north  line  of  Weber  ave.  to  south  line  of  Channel. 

Sierra  Nevada,  from  north  line  of  Channel  to  south  line  of  Miner  ave. 

Siierra  Nevada,  from  north  line  of  Miner  ave.  to  south  line  of  Lindsay. 

Sierra  Nevada,  from  north  line  of  Lindsay  to  200  feet  north  of  north 

line  of  Lindsay. 
Sierra  Nevada,  from  center  line  of  Fremont  to  south  line  of  Oak. 
Sierra  Nevada,  from  north  line  of  Oak  to  south  line  of  Park. 
Sierra  Nevada,  from  north  line  of  Park  to  south  line  of  Flora. 
Sierra   Nevada,    from    north    line   of   Scott's    avenue    to    south    line   of 

Hazelton  avenue. 
Sierra  Nevada,  from  north  line  of  Hazelton   avenue   to   south   line   of 

Church. 


ORDINANCES.  S 


i!r 


Sierra  Nevada,  from  north  line  of  Church  to  south  line  of  Sonora. 
Sierra  Nevada,  from  north  line  of  Sonora  to  south  line  of  Lafayette, 
Stanislaus,  from  north  line  of  Hazelton  avenue  to  south  line  of  Church. 
Stanislaus,  from  north  line  of  Church  to  south  line  of  Sonora. 
Stanislaus,  from  north  line  of  Sonora  to  south  line  of  Lafayette. 
Sonora,  from  east  line  of  Union  to  west  line  of  Pilgrim. 
Sonora,  from  east  line  of  Pilgrim  to  west  line  of  Blast. 
Sutter,  from  north  line  of  South  to  south  line  of  Clay. 
Sutter,  from  north  line  of  Clay  to  south  line  of  Jackson. 
Sutter,  from  north  line  of  .Jackson  to  south  line  of  Jefferson. 
Sutter,  from  north  line  of  Jefferson  to  south  line  of  Anderson, 
Sutter,  from  north  line  of  Anderson  to  south  line  of  Worth. 
Sutter,  from  north  line  of  Worth  to  south  line  of  Taylor. 
Union,  from  south  line  of  Main  to  north  line  of  Market. 
Union,  from  north  line  of  Hazelton  ave.  to  south  line  of  Church. 
Union,  from  north  line  of  Church  to  south  line  of  Lafayette. 
Union,  from  north  line  of  Channel  to  south  line  of  Miner  ave. 
Union,  from  north  line  of  Miner  ave.  to  south  line  of  Fremont. 
Union,  from  north  line  of  Fremont  to  south  line  of  Park. 
Union,  from  north  line  of  Main  to  south  line  of  Weber  ave. 
Union,  from  north  line  of  Lafayette  to  south  line  of  Washington. 
Union,  from  north  line  of  Washington  to  south  line  of  Market. 
Union,  from  north  line  of  Park  to  south  line  of  Flora. 
Union,  from  north  line  of  Flora  to  south  line  of  Poplar. 
Union,  from  north  line  of  Weber  avenue  to  south  line  of  Channel, 
Union,  from  north  line  of  Scott's  avenue  to  south  line  of  Hazelton  ave 
Van  Buren,  from  north  line  of  Poplar  to  south  line  of  Acacia. 
Van  Buren,  from  north  line  of  Acacia  to  south  line  of  Rose. 
Van  Buren,  from  north  line  of  Rose  to  south  line  of  Vine. 
Van  Buren,  from  north  line  of  Vine  to  south  line  of  Willow, 
Vine,  from  east  line  of  Madison  to  east  line  of  Lincoln. 
AVashington,  from  east  line  of  Sierra  Nevada  to  west  line  of  East. 
Washington,  from  west  line  of  Pilgrim  to  200  feet  west  of  west  line  of 

Union. 
Worth,  from  east  line  of  Center  to  west  line  of  El  Dorado. 
Worth,  from  east  line  of  Hunter  to  west  line  of  San  Joaquin. 
Worth,  from  east  line  of  San  Joaquin  to  west  line  of  California. 
Worth,  from  east  line  of  California  to  east  line  of  Grant. 


LICENSES     AND    REVENUE. 


OKDlNxVNOE  No.   134. 

(Approved  November  26,   1893.) 

An  Ordinance  Concerning  Municipal  Licenses;  Regulating  the  Issue, 
Rates,  and  Revocation  Thereof,  Prohibiting  the  Issue  Thereof  in 
Certain  Cases,  and  Repealing  Certain  Ordinances,  viz.:  Ordinances 
Nos.  19,  70  and  86. 

Be  it  ordnined  by  the  City  Council  of  the  City  of  Stockton  as 
foJlows: 

Section  1.  The  amount  of  the  license  rate  fixed  and  charged  by 
the  provisions  of  this  or  any  other  Ordinance  of  the  City  of  Stockton 
for  conducting,  maintaining,  engaging  in  or  carrying  on  any  business, 
trade,  calling,  profession,  game,  entertainment  or  show  for  which  a 
license  is  now  or  may  be  hereafter  required  shall  be  paid  tO'  the  City 
Clerk  and  ex-OfTicio  I-icense  Collector  at  his  office,  who  shall  under 
the  seal  of  the  corpoi'ation,  issue  a  receipt  therefor  in  substantially 
the  following  form; 

Office   of   the   License    Collector. 
City  of  Stockton,  Cal..  ,  18 

This  is  to  certify  that  I  have  this  day  received  from 

the  sum  of dollars,  in  payment  of  the  rate 

of  license  on  the  business  of ,  to  be  conducted  by 

said  at  No.   street,  in 

the  City  of  Stockton  for  the  term  of month. _,  from 

,  18 ,  and  no  longer. 


City  Clerk  and  License  Collector, 
[Seal.] , 

President  of  the  City  Council. 

[Valid  only  for  the  person  herein  named  and  for  the  place  and 
term  above  specifieii.] 

Said  receipt  shall  be  countersigned  by  the  President  of  the  City 
Council  and  registered  in  a  book  to  be  kept  for  that  purpose,  each 
class  and  denomination  to  be  kept  and  numbered  under  a  separate 
head. 

Sec.  2.     [Repealed  by  No.  101] 

Sec.  3.  No  officer  of  the  f;ity  of  Stockton  shall  issue,  reissue, 
renew  or  extend  the  term  of  or  receive  any  money  in  connection  with 
any  receipt  for  the  rate  of  license  provided  for  the  conducting,  carry- 
ing on  or  maintaining  any  business,  calling  or  place  mentioned  in 
Subdivisions  14  and  15  of  Section  6  of  this  Ordinance,  except  when 
directed  so  to  do  by  the  City  Council  as  in  Section  2  provided,  but  all 
other  receipts  for  the  license  rate  called  for  by  the  provisions  of  this 
or  any  other  Ordinance  of  the  City  of  Stockton  may,  on  application 
and  payment  therefor,  be  issued  as  of  course  in  conformity  with 
Section  1  of  this  Ordinance. 

Sec.  4.  No  receipt  shall  be  issued  for  a  term  other  than  a  term 
for  which  the  rate  of  license  is  specified  in  Section  6  of  this  Ordinance 
or  in  some  other  Ordinance  of  the  City  of  Stockton  in  force  when  the 
same  may  be  issued. 

Sec.  5.     [Repealed  by  No.  161.] 


ORDINANCES.  S9 


Sec.  6.  License  is  required  and  a  rate  of  license  is  fixed  and 
charged  for  conduciing.  maintaining,  engaging  in  or  carrying  on  any 
business,  trade,  calling,  profession,  game,  entertainment  or  show  in 
this  section  hereinafter  mentioned,  or  specified,  as  follows: 

1.  For  each  pin  alley  the  sum  of  $5.00  per  quarter. 

2.  For  each  hackney  coach,  hnck.  carriage,  cab,  omnibus,  wagon- 
ette, express  wagon  or  other  vehicle  used,  in  hauling,  carrying  or 
transporting  passengers  for  hire  cr  fee.  the  sum  of  $10.00  per  annum. 

3.  For  each  express  wagon  used  in  hauling,  carrying  or  trans- 
porting baggage  or  merchandise  for  hire  or  fee,  the  sum  of  $3.00 
per  annum. 

4.  For  each  other  vehicle  engaged  in  hauling,  carrying  or  trans- 
porting goods,  wares  or  merchandise  for  hire  or  fee;  if  drawn  by  one 
animal,  the  sum  of  $4.00  per  p.nnum,  and  if  drawn  by  more  than  one 
animal,  the  sum  of  $7.50  per  annum. 

5  For  each  shooting  gallery  or  range,  the  sum  of  $10.00  per 
r^uarter. 

6.  For  each  circus,  acrobatic  performance,  caravan,  menagerie 
or  collection  of  animals,  where  the  admission  fee  is  $1.00  and  not  less 
than  50  cents,  the  sum  of  $100.00  for  each  exhibition;  where  tho 
admission  fee  is  50  centp,  but  not  less  than  25  cents,  $50.00  for  each 
exhibition;  where  the  .ndmission  fee  is  25  cents  or  less,  $25.00  for  each 
■exhibition. 

7.  For  any  show  for  pay  of  figures,  jugglers,  necromancers, 
magicians,  wire  or  rope-danceis.  sleight-of-hand  performers  or  exhibi- 
tion, or  any  other  performance  or  show  (other  than  those  elsewhere 
provided  for),  including  side-shows  to  circuses,  caravans  or  menag- 
eries, the  sum  of  $5.00  per  day,  $10.00  per  week  or  $20.00  for  one  month. 

8.  For  each  skating  rink,  the  sum  of  $25.00  per  quarter. 

9.  Every  pawnbroker  and  every  conductor  of  a  collateral  bank 
shall  pay  the  sum  of  .$10.00  per  month. 

10.  Et^'ery  tfaveling  or  transient  merchant  and  every  traveling 
or  transient  peddler  who  sells  at  wholesale  or  retail  (not  upon  any 
public  street,  highway  or  square)  any  medicine,  goods,  wares  or 
merchandise,  shall  pay  the  sum  of  $50.00  per  month. 

11.  Each  peddler  of  fruits,  nuts,  confectionery,  meats,  fish, 
^-egetables,  game  or  poultry  from  vehicles,  baskets  or  other  receptacles, 
shall  pay  the  sum  of  $^.00  per  month. 

12.  Each  bill  poster  shall  pay  the  sum  of  $20.00  per  annum. 

13.  Every  auctioneer  shall  pay  the  sum  of  $10.00  per  quarter;  but 
payment  of  this  license  rat»  does  not  license  any  auctioneer  to  make 
any  sales  upon  or  In  any  public  street,  highway  or  square. 

14.  [Repealed  by  161.1 

15.  [Repealed  by  161.1 

16.  For  each   theater,   concert   hall,   raelodeon   or  other   place  <>f^ 
amusement   where   any   theatrical   or  operatic   performance   is   given, 
the  sum  of  $50.00  for  one  year.  $30,000  for  six  months,  $20.00  for  one 
month,  and  if  for  less  than  one  month,  $5.00  per  day. 

17.  For  each  book  or  map  agent,  or  person  who  from  house  to 
house  canvasses,  solicits  or  sells  for  future  delivery  any  book,  picture, 
map,  goods,  wares  or  merchandise,  the  sum  of  $15.00  per  week. 


90  ORDINANCES. 


18.  For  each  »et  of  hobby-horses  or  carriages  run  by  steam  or 
animal  power,  the  sum  of  $10.00  per  week  or  $20.00  per  month;  if  run 
by  hand,  $1.50  per  day,  $5.00  per  week  or  $10.00  per  month. 

19.  For  eacli  amusement,  s."me  or  test  of  skill,  strength,  physical 
endurance  or  capacity  of  any  land  (not  provided  for  elsewhere  in  this 
Ordinance)  for  participation  in  which  a  fee  is  charged  or  which  is 
conducted  for  profit,  the  sum  of  $2.50  per  day,  $10.00  per  week  or 
$20.00  per  month. 

20.  For  each  and  every  person  doing  business  as  a  public  weigher, 
or  who  for  a  fee  or  charge  weighs  any  grain,  hay,  merchandise, 
article  or  thing  for  another  person,  the  sum  of  $12.00  per  annum. 

Sec.  7.  Every  person  to  whom  a  license  has  been  granted  under 
the  provisions  of  Subdivision  11  of  Section  6  of  this  Ordinance  shall 
have  securely  fastened  or  attached  to  the  vehicle,  basket  or  other 
receptacle;  a  metallic  plate  or  tag  which  shall  have  plainly  stamped 
thereon  the  month  for  which  the  same  is  issued;  provided,  that  the 
City  Clerk  shall  designate  the  style  or  pattern  of  said  plate  or  tag 
and  the  place  at  which  it  shall  be  attached  or  fastened  to  said  vehicle, 
basket  or  other  receptacle.  The  tags  or  plates  mentioned  in  this 
section  shall  be  furnished  by  the  City  Clerk.  All  police  officers  of 
the  City  of  Stockton  are  hereby  authorized  and  required  to  remove 
from  any  vehicle,  basket  or  other  receptacle  any  tag  or  plate  repre- 
senting the  payment  of  the  license  rate  for  any  expired  month  and 
destroy  the  same.  Everv  person,  firm  or  corporation  having  paid  the 
rate  of  license  specified  in  Subdivisions  2,  3  and  4  of  Section  6  of  this 
Ordinance  shall  have  plainly  stated  in  figures  on  the  vehicle  for 
which  said  rate  has  been  paid,  a  num.ber  corresponding  with  the 
number  of  the  original  receipt  issued  by  the  City  Clerk  and  ex-Officio 
License  Collector  in   the  case. 

Sec.  8.  Every  person  having  or  required  to  have  the  receipt 
provided  for  in  Section  1  of  this  Ordinance  shall  exhibit  the  same  to 
any  officer  of  the  City  of  Stockton  when  by  him  requested  to  do  so, 
and  if  oUch  person  have  a  fixed  place  of  business  said  receipt  shall 
be  kept  conspicuously  posted  therein. 

Sec.  9.  Every  license  shall  become  null  and  void  at  the  expira- 
tion of  the  term  specified  in  the  receipt  issued  by  the  City  Clerk  and 
ex-Officio  License  Collector,  and  the  person  holding  said  receipt 
shall  be  deemed  not  to  have  or  retain  any  license  by  virtue  of  having 
been  previously  licensed. 

Sec.  10.  The  provision?  of  this  Ordinance  shall  not  apply  to  any 
exhibition,  show  or  performance  i2:iver  for  the  exclusive  benefit  of  any 
church,  school,  benevolent  or  social  organization,  or  for  any  charita- 
ble purpose  by  anj^  amateur  dramatic  association  or  literary  society 
of  the  City  of  Stockton. 

Sec.  11.  Ordinance  No.  19,  "Concerning  municipal  licenses,  regu- 
lating the  issue,  rates  and  revocation  thereof,"'  being  originally  Ordi- 
nance No.  290,  approved  December  28,  1SS9,  and  Ordinance  No.  70, 
approved  September  29,  1891,  and  Ordinance  No.  86,  approved  April  12, 
1892  (the  two  last-named  Ordinances  being  amendatory  of  said  Ordi- 
nance No.  19),  are  hereby  repealed. 


ORDINANCES.  01 


0T^>INA^C^3  No.   443. 

(Approved  May  S,  1907.)     O.  B.  7—147. 

An  Ordinance  Concerning  the  Keeping,  Conducting,  Maintaining  and 
Carrying  On  of  Saloons,  Bars,  Bar-Rooms  and  Other  Places  Where 
intoxicating  Liquors,  Wine,  Ale  or  Beer  or  Any  Mixture  Contain- 
ing the  Same  Are  Sold  or  Given  Away  by  the  Glass  or  in  Less 
Quantities  Than  One  Quart,  or  Are  Sold  or  Given  Away,  to  Be 
Served,  or  Distributed,  or  Drunk,  or  Used  on  the  Premises  Where 
Sold  or  Given  Away,  Providing  for  Licensing  the  Same,  and 
Limiting  the  Number  Thereof,  and  Repealing  All  Ordinances  or 
Parts  of  Ordinances  in  Conflict  With  the  Provisions  of  This 
Ordinance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  It  shall  be  unlawful  to  keep,  conduct,  maintain  or 
carry  on,  within  the  limits  of  the  City  of  Stockton,  any  saloon,  bar, 
bar-room  or  other  place  where  intoxicating  liquors,  wine,  ale  or  beer 
or  any  mixture  containing  the  same  are  sold  or  given  away  by  the 
glass  or  in  less  quantities  than  one  quart,  or  are  sold  or  given  away 
to  be  served,  or  distributed,  or  drunk,  or  used  on  the  premises  where 
sold  or  given  away,  without  first  obtaining  a  permit  and  license 
*herefor  as  hereinafter  provided. 

Sec.  2.  No  permit  or  license  shall  be  granted  to  any  person, 
ftrm,  association  or  corporation  to  keep,  conduct,  maintain  or  carry 
on  any  of  the  kinds  of  business  in  this  Ordinance  specified,  when  the 
place  where  such  business  is  to  be  kept,  conducted,  maintained,  or 
carried  on  has  any  serving  hoist,  elevator  or  dumb  waiter  connecting 
it  with  any  private  room,  or  place  or  apartment;  or,  when  the  place 
where  such  business  is  to  be  kept,  conducted,  maintained  or  carried  on 
shall  have  any  private  entrance,  or  separate  entrance,  or  side  entrance, 
or  back  entrance,  for  any  particular  class  of  customers,  or  shall 
iiave  any  private,  separate,  side  or  back  entrance  or  entrance  other 
than  the  main  entrance  through  which  any  natron  or  customer  or 
any  one  shall  be  admitted  to  such  place  for  the  purpose  of  purchasing 
or  consuming  any  intoxicating  liquor,  wine,  ale  or  beer  or  any  mixture 
containing  the  same,  or  shall  have  any  word  or  words  or  sign  or 
signs  upon,  over  or  in  or  about  any  entrance  indicating  or  signifying 
that  such  entrance  is  for  ladies  or  families  or  for  any  special  or 
particular  class  of  persons,  or  is  a  private,  separate,  side  or  back 
entrance  to  such  place  or  to  any  place  or  apartment  connected  by  use 
therewith;  or  when  the  place,  where  such  business!  is  to  be  kept, 
conducted,  maintained  or  carried  on,  shall  have  or  contain  any  room, 
place,  apartment,  alcove  or  booth  or  other  enclosure  which  shall  have 
more  than  one  entrance  thereto  and  which  entrance  shall  be  from- 
the  interior  and  be  in  plain  view  from  all  parts  of  such  bar-room  or 
place  of  business,  and  which  entrance  shall  be  accessible  only  through 
the  main  entrance  of  such  bar-room  or  place  of  business;  or  when 
the  place,  where  such  business  is  to  be  kept,  conducted,  maintained 
or  carried  on,  is  not  separated  by  a  complete  wall  or  partition  without 
door,  dioorway  or  other  opening,  from  any  place  where  groceries, 
drugs  or  merchandise  of  any  kind,  except  cigars  or  tobacco,  are  sold' 
or  intended  to  be  sold;  or  in  any  case  where  such  saloon,  bar,  bar-room, 
dramshop,  lippling-house  or  other  place  is  or  will  be  kept,  conducted, 
maintained  or  carried  on  at  a  place  on, 'or  in  any  lot,  according  to 
the  original   subdivisions  of  blocks  in  the  City  of  Stockton  which  is 


92  ORDINANCES. 


Avithin  three  hundred  feet  (measured  on  any  line  or  lines  which  can 
l?e  drawn  on,  in,  along  or  across  the  area  of  any  public  street  or 
streets)  of  or  from  the  premises  upon  which  any  public,  school  build- 
ing or  upon  which  any  public  library  building  is  (at  the  time  of  the 
application  for  such  license "»  situated;  and  provided,  further,  that  the 
prohibition  concerning  school  property  or  concerning  library  property 
shall  not  apply  to  the  renewal  of  any  license  in  favor  of  any  person. 
having  a  license  to  him  issued  prior  to  the  passage  of  this  OTdinance, 
or  in  favor  of  any  person  purchasing  a  business  under  license  at  the 
time  of  the  passage  of  this  Ordinance. 

No  permit  or  license  shall  be  granted  or  issued,  except  to  an 
American  citizen,  and  upon  the  condition  that  the  applicant  or  appli- 
cants will  conduct  the  saloon  or  ether  place  for  which  a  license  is 
desired,  in  a  quiet  and  orderly  manner,  and  will  not  sell,  give  or  deliver 
any  intoxicating  liquor,  vnne,  ale  or  hew,  or  any  mixture  containing 
The  same,  to  a.hy  person  under  the  age  of  majority,  nor  allow  any 
person  under  such  age  to  frequent  such  place. 

No  permit  or  license  shall  be  granted  or  issued  to'  any  person, 
firm,  association  or  corporation  that  is  not  the  owner  of  the  business 
to  be  opened,  kept,  conducted,  maintained,  or  carried  on;  or  whose 
permit  or  Mcense  has  been  revoked  for  cause  in  accordance  with  the 
provisions  of  this  Ordinance;  or  that  has  been  convicted,  subsequent 
to  the  timie  when  this  Ordinance  takes  effect,  of  the  violation  of  any 
Ordinance  of  the  City  of  Stockton  rolating  to  the  liquor  traffic;  nor 
to  any  person,  firm,  association  or  corp'oration,  unless  such  person, 
firm,  association  or  corporation  be  of  good  moral  character,  sober  and 
a  suitable  person  or  suitable  persons  to  keep,  conduct,  maintain  and 
carry  on  such  place   and  business. 

Sec.  3.  Any  person,  firm,  association  or  corporation  desiring  to 
obtain  a  permit  and  license  shall  present  to  the  Board  of  Police  and 
Fire  Commissioners,  for  their  approval,  a  petition  to  the  Council, 
asking  for  the  permit  and  license  desired,  which  petition  must  set 
forth: 

First — The  name  and  residence  (Including  street  and  number)  of 
the  applicant,  and  how  long  he  has  resided  there,  and,  if  the  applica- 
tion is  by  a  firm  or  association,  the  names  and  residences  of  all  the 
members  and  their  length  of  residence,  and,  if  a  corporation,  the 
names  and  residences  of  all  the  officers  and  directors  of  the  same. 

Second — The  place  whore  the  business,  for  which  the  permit  and 
license  is  desired  is  to  be  carried  on,  giving  the  street  and  number. 

Third — The  name  of  the  owner  of  the  premises. 

Fourth — That  the  applicant  or  applicants  are  the  sole  owners 
of  the  business  proposed  to  be  carried  on. 

Fifth — Whether  or  not  the  applicant  has  ever  been  engaged  in  the 
same  kind  of  business  before,  and  if  so  when  and  for  how  long. 

Sixth — That  the  applicant  has  never  had  a  permit  and  license 
granted  under  this  Ordinance  revoked   for  cause. 

Seventh — That  the  applicant  has  never  been  convicted,  since  this 
Ordinance  went  into  effect,  of  the  violation  of  any  Ordinance  of  the 
City  of  Stockton  relating  to  the  liquor  traffic. 

Eighth — That  each  applicant  is  of  good  moral  character,  sober  and 
a  suitable  person  to  keep  and  conduct  such  a  place  and  business. 

Ninth — That  the  place  where  the  business  is  to  be  carried  on  is 
not  within  three  hundred  feet,  measured  on  any  line  or  lines  which 
•can  be  drawn  on,  in,  along  or  acros-s  the  area  of  any  public  street 


ORDINANCES.  9^ 


or  streets,  of  or  from  the  premises  upon  which  any  public  school 
building  or  upon  which  any  public  library  building  is  situated;  or  if 
within  such  distance,  that  the  applicant  had  a  license  issued  to  him 
prior  to  the  passage  of  this  Ordinance. 

Tenth — That  such  place  has  no  serving  hoist,  elevator  or  dumb 
waiter  connecting  it  with  any  private  room  or  place  or  apartment; 
that  it  has  no  private,  separate,  side  or  back  entrance  for  any  particu- 
lar class  of  customers;  that  it  has  no  private,  separate,  side  or  back 
entrance  or  entrance  other  than  the  main  entrance  through  which 
any  patron  or  customer  or  any  one  shall  be  admitted  to  such  place 
lor  the  purpose  of  purchasing  or  consuming  any  intoxicating  liquor, 
wine,  ale  or  beer  or  any  mixture  containing  the  same;  that  it  has  no 
word  or  words  or  sign  or  signs  upon,  over  or  in  or  about  any  entrance 
indicating  or  signifying  that  such  entrance  is  for  ladles  or  families 
or  for  any  special  or  particular  class  of  persons,  or  is  a  private, 
separate,  side  or  back  entrance  to  such  place  or  to  any  place  or 
apartment  connected  by  use  therewith;  that  it  has  or  contains  no 
room,  place,  apartment,  alcove  or  booth  or  other  enclosure  which  has 
more  than  one  entrance  thereto  and  which  entrance  is  from  the 
interior  and  in  plain  view  from  all  parts  of  such  bar-room  or  place 
of  business  and  which  entrance  is  accessible  only  through  the  main 
entrance  of  such  bar-room  or  place  of  business;  that  it  is  separated 
by  a  complete  wall  or  partition,  without  any  door,  doorway  or  other 
opening,  from  any  place  where  groceries,  drugs  or  merchandise  of  any 
kind,  except  cigars  or  tobacco,  are  sold  or  intended  to  be  sold. 

Eleventh — That  the  applicant  or  applicants  will  keep  and  conduct 
such  place  in  a  quiet  and  orderly  manner  and  will  not  sell,  give  or 
deliver  any  intoxicating  liquor,  wine,  ale  or  beer  or  any  mixture  con- 
taining the  same  to  any  person  under  the  age  of  majority,  or  permit 
or  allow  any  person  under  such  age  to  frequent  such  place. 

And  will  not  sell  or  furnish  or  cause  to  be  sold  or  furnished 
intoxicating  liquors  to  any  habitual  or  common  drunkard;  and  wilt 
not,  after  receiving  notice  that  a  person  named  in  said  notice  i3 
addicted  to  the  inordinate  use  of  intoxicating  liquors,  should  the 
person  named  in  said  notice  be  so  addicted,  within  a  period  of  twelve 
months  furnish  to  said  person  so  addicted  to  the  inordinate  use  of 
intoxicating  liquors  any  spirituous  liquors,  wines  or  intoxicating  or 
malt  liquors.  Said  notice,  however,  to  be  in  writing,  and  to  be  given 
by  any  adult  member  of  the  family  of  said  person  so  addicted  to  the 
inordinate  use  of  intoxicating  liquors,  or  by  any  adult  relative  of  said 
person  so  addicted  to  the  inordinate  use  of  said  intoxicating  liquors. 

Twelfth — That  if  the  permit  and  license  asked  for  be  granted,  the 
applicant  or  applicants  will  conduct  the  said  place  and  business  in 
accordance  with  all  the  conditions,  restrictions  and  provisions  of  this 
Ordinance,  or  any  other  Ordinance  relating  to  the  liquor  traffic  that 
may  be  adopted  hereafter  by  the  City  Council  of  the  City  of  Stockton, 
and  will  accept  such  permit  and  license  upon  the  express  condition 
that  a  violation  of  any  such  conditions,  restrictions  or  provisions 
relating  to  the  liquor  traffic  shall  be  good  reason  for  the  revocation 
of  such  permit  and  license. 

Said  application  shall  be  signed  by  each  and  every  applicant,  and 
if  a  corporation  by  all  the  officers  of,  and  the  Board  of  Directors  of, 
such  corporation,  and  shall  be  accompanied  by  a  recommendation 
recommending  the  granting  of  the  permit  and  license  asked  for,  signed 
by  at  least  five  respectable  residents  of  said  city,  each  of  whom  is  an 
American  citizen,  and  must  either  own  real  property  or  be  the  pro- 
prietor of  a  place  of  business  in  the  block  in  which  it  is  proposed  to 


^4  ORDINANCES. 


l^eep,  conduct,  maintain  or  carry  on  such  business;  provided  that  no 
person  whose  name  is  signed  to  such  recommendation  shall  be  engaged 
in  the  same  line  of  business  as  that  which  the  applicant  desires  to 
carr}''  on. 

In  the  event  of  ihere  not  being  five  residents  of  the  City  of 
Stockton  each  of  whom  is  an  American  citizen  and  either  owns  real 
property  or  is  the  proprietor  of  a  place  of  business  in  the  block  where 
it  is  proposed  to  keep,  conduct,  maintain  or  carry  oa  said  business, 
then  the  aforesaid  recommendation  must  be  signed  by  the  five  residents 
of  said  city  each  of  whom  is  an  American  citizen  and  either  owns  real 
property  or  is  the  proprietor  of  a  place  of  business  nearest  to  the  said 
place,  measuring  in  a  straight  line. 

The  term  "block"  as  used  in  this  section  is  hereby  defined  as 
meaning  one  side  of  the  street  and  between  the  two  nearest  cross 
streets. 

Upon  receiving  such  application  the  Board  of  Police  and  Fire 
Commissioners  shall,  in  its  discretion,  either  approve  or  disapprove 
bf  the  same. 

When  they  approve  or  disapprove  of  the  application,  they  shall 
transmit  it  to  the  City  Council  with  their  approval  or  disapproval 
indorsed  thereon. 

Before  acting  upon  an  application  the  Board  may  require  a  report 
upon  the  same  from  the  Chief  of  Police.  They  may,  also,  in  their 
discretion,  hear  testimony,  but  shall  not  be  compelled  to;  provided, 
that  they  shall  not  act  upon  any  such  application  except  at  a  regular 
meeting  of  the  Board,  nor  unless  the  application  is  in  all  respects  as 
provided  in  this  section;  and  provided  further,  that  no  application  shall 
be  approved  or  disapproved  until  at  least  one  day  after  its  presentation. . 

Sec.  4.  Upon  receiving  an  application  which  in  all  respects 
complies  with  thf:  requirements  of  Section  3  of  this  Ordinance,  and  is 
approved  by  the  Board  of  Police  and  Fire  Commissioners,  the  City 
Council  may,  in  its  discretion,  grant  or  refuse  the  permit;  if  the 
permit  is  granted,  the  Council  shall  authorize  the  issuance  of  the 
license  as  prayed  for. 

Sec.  5.  Each  permit  shall  be  granted  for  and  shall  remain  in 
force  for  three  months,  unless  sooner  revoked  for  cause,  and  for  no 
longer. 

Sec.  6.  The  holder  or  holders  of  any  permit,  or  in  the  event  of 
the  death  of  such,  holder  or  holders,  the  representatives  or  heirs-at-law 
of  such  deceased  holder  or  holders,  desiring  a  renewal  of  the  same, 
must  present  to  the  Board  of  Police  and  Fire  Commissioners,  at  least 
five  days  before  the  regular  meeting  of  said  Board  next  before  the 
time  of  the  expiration  of  such  permit,  an  application  to  the  City 
Council  for  a  renewal,  which  application  shall  state  the  names  of  the 
licensee  or  licensees,  the  place  where  the  saloon  or  other  business  is 
carried  on,  the  number  and  date  of  the  permit  and  license  originally 
granted,  together  with  a  statement  that  the  saloon  or  other  place  has 
been  conducted  or  carried  on  in  accordance  with  the  provisions, 
conditions  and  restrictions  of  this  Ordinance,  and  in  accordance  with 
all  other  Ordinances  relating  to  the  liquor  traffic,  and  upon  receipt 
of  such  application  the  Board  of  Police  and  Fire  Commissioners  may, 
in  its  discretion,  approve  or  disapprove  of  the  same,  and  when  approved 
or  disapproved,  the  application  shall  be  transmitted  to  the  City  Coun- 
cil, with  the  Board's  approval  or  disapproval  indorsed  thereon. 

Any  person  may  file  a  written  protest  against  the  approval  of  an 
application  for  the  renewal  of  a  license  on  the  ground  that  the  licensee 
or  licensees  have  not  conducted  the  saloon  or  other  place  in  accord- 


ORDINANCES*  35 


ance  with  the  provisions  of  this  Ordinance  or  of  some  other  Ordinance 
relating  to  the  liquor  traffic. 

Upon  the  filing-  of  such  protest,  the  Board  shall  fix  a  time  for 
hearing  the  same,  giving  the  applicant  at  least  five  days'  notice  thereof, 
and  shall  then  receive  such  proper  evidence  as  may  be  offered.  The 
Board  shali  find  upon  the  issue  of  fact  presented  and  approve  or  dis- 
approve the  application  for  a  renewal  in  accordance  with  their  findings. 

When  an  application  for  renewal  is  approved  or  disapproved  by 
the  Board  of  Police  and  Fire  Commissioners  and  has  been  transmitted 
to  the  City  Council  with  the  Board's  approval  or  disapproval,  as 
aforesaid,  the  Council  may,  in  its  discretion,  grant  or  refuse  the  permit. 
When  an  application  for  renewal  has  been  approved  or  disapproved  by 
the  Board  and  transmitted  to  the  Council'  with  the  Board's  action 
indorsed  thereon,  as  aforesaid,  any  person  may,  a;nd  if  any  person 
does  file,  with  the  Council,  a  written  protest  against  the  granting  of  a 
renewal  of  a  permit,  the  Council  shall  fix  a  time  and  place  for  the 
liearing  of  said  protest,  giving  the  applicant  at  least  three  (3)  days' 
notice  thereof,  and  at  the  time  set  for  such  hearing,  or  at  such  time  to 
which  such  hearing  may  be  postponed,  the  Council  shall  receive  such 
proper  evidence  as  may  ))e  offered.  The  Council  shall,  in  accordance 
with  their  findings  upon  the  facts  as  presented,  either  grant  or  refuse 
the  permit. 

The  permit,  if  granted,  shall  be  for  the  same  length  of  time  as  that 
for  which  it  was  originally  granted,  and  the  Council  shall  order  the 
license  issued. 

It  shall  be  the  duty  of  the  Chief  of  Police  to  protest  against  the 
renewal  of  a  license  whenever  he  has  reasonable  grounds  to  believe 
that  any  provisions  of  this  or  any  other  Ordinance  relating  to  the 
liquor  traffic  has  been  violated  by  the  licensee. 

No  license  now  in  force  shall  entitle  the  holder  or  holders  thereof, 
nor,  in  the  event  of  the  death  of  such  holder  or  holders  thereof,  shall 
entitle  the  representatives  or  heirs-at-law  of  such  deceased  holder  or 
liolders  to  a  permit  or  license  under  the  provisions  of  this  Ordinance, 
but  such  holder  or  holders.,  or  in  the  event  of  the  death  of  such 
holder  or  holders,  the  representatives  or  heirs-at-law  of  such  deceased 
holder  or  holders  shall  only  obtain  a  permit  or  license  under  the 
provisions  of  this  Ordinance  by  making  application  therefor  under 
and  by  complying  with  the  provisions  of  this  Ordinance. 

Sec.  7.  Licenses  shall  be  issued  by  the  City  Clerk  and  ex-Officio 
License  Collector  to  persons  entitled  thereto  upon  the  payment  of  the 
amounts  hereby  fixed  as  the  rate  to  be  charged  for  such  licenses, 
lo-wlt: 

First — Foi"  each  saloon,  bar,  bar-room,  or  other  place  described 
m  Section  1  of  this  Ordinance  (except  as  mentioned  in  Subdivision  2 
of  this  section),  the  sum  of  one  hundred  ($100.00)  dollars  per  quarter. 

Second — For  each  saloon,  bar,  bar-room,  or  other  place  described 
in  Section  1  of  this  Ordinance  in  which  any  female  acts  in  the  capacity 
of  a  bartender,  waiter,  actress,  dancer,  singer,  solicitor  of  custom,  or 
servant,  or  plays  upon  any  musical  instrument,  or  is  employed  in  any 
capacity  whatever,  either  with  or  without  compensation,  the  sum  of 
two  hundred  ($200.00)   dollars  per  quarter. 

Sec.  8.  The  term  "quarter."  whenever  used  in  this  Ordinance  in 
reference  to  duration  of  time,  shall  be  construed  and  is  hereby  declared 
to  mean  one-fourth  of  a  year,  or  three  months. 


96  ORDINANCES. 


Sec.  9.  Permits  and  licenses  shall  be  issued  by  the  City  Clerk 
and  ex-OfRcio  License  Collector  and  countersigned  by  the  President 
of  the  City  Council,  and  shall  bo  substantially  in  the  following  form,, 
towit: 

Permit  and  License  No.   

This  is  to  certify  that  the  City  Council  has  granted  a  permit  to 

to  keep,  conduct,  maintain  and  carry  oa 

under  the  proAisions  of  Ordinance  No. 

of  the  Ordinances  of  the  City  of  Stockton,  at 

in  said  city,  for  the  term  of months  from  the 

day  of ,  190__,  unless  such  permit  is  sooner  revoked  for 

cause,  upon  his  paying  the  license  fee  required  by  Ordinance  No. 

I  further  certify  that  I  have  received  from 

the  sum  of  .    dollars  in  advance,  the  same  being  the 

license  fee  for  one ,  as  provided  by  said  Ordinance. 

This  license  is  valid  only  for months  from  date. 

(This  permit  and  license  is  not  transferable  and  only  applies  to  the 
place  designated  herein.) 


City  Clerk  and  License  Collector. 
Countersigned. 
[Seal.]  

President  of  the  City  Council. 

Provided,  that  if  the  holder  of  a  permit  and  license  mentioned  in 
this  section  shall  transfer  his  business  before  the  expiration  of  the 
term  for  which  such  permit  and  license  shall  have  been  issued,  his. 
successor  or  successors  in  business  shall  be  entitled  to  use  the  permit 
and  license  for  the  unexpired  term  thereof. 

Provided  further,  that  if  the  holder  of  a  permit  and  license  men- 
tioned in  this  section  shall  remove  his  place  of  business  to  another 
building  or  place  in  the  same  block  before  the  expiration  of  the  term 
for  which  such  permit  and  license  shall  have  been  issued,  he  shall 
be  entitled  to  such  permit  and  license  for  the  unexpired  term  thereof. 

No  license  shall  be  issued  after  the  expiration  of  the  permit  until 
a  new  permit  is  granted. 

Sec.  10.  Every  permit  and  license  shall  be  null  and  void  at  the 
expiration  of  the  term  specified  in  such  permit  and  license. 

Sec.  11.  E^^ery  person,  firm,  association  or  corporation  to  whom 
a  permit  and  license  is  issued  under  the  provisions  of  this  Ordinance, 
shall  keep  the  same  conspicuously  posted  in  the  place  where  the 
business  is  conducted. 

Sec.  12.  Any  person  may  present  to  the  City  Council  a  petition 
praying  for  the  revocation  of  any  permit  or  license  granted  under  the 
provisions  of  this  Ordinance  upon  the  ground  that  the  holder  or  holders 
of  such  permit  and  license  have,  since  its  issue,  violated  some  provision 
or  provisions  of  this  Ordinance,  or  of  some  other  Ordinance  of  the 
City  of  Stockton  relating  to  the  liquor  traffic. 

Such  petition  shall  net  forth  a  concise  statement  of  the  facts 
constituting  the  alleged  violation,  and,  if  presented  by  any  other 
person  than  the  Chief  of  Police  of  said  city,  shall  be  sworn  to.  The 
Chief  of  Police  shall  not  be  required  to  swear  to  any  petition  presented 
by  himself. 

Upon  receiving  such  petition  the  Council  shall  fix  a  time  for  the 
hearing  of  the  same,  and  shall  cause  a  notice  of  such  hearing,  together 


ORDINANCES.  97 


with  a  copy  of  ihe  petition,  to  be  served  upon  all  of  the  persons 
charged  therein,  at  least  five  days  before  the  time  fixed  for  such 
hearing. 

At  the  time  fixed  for  such  hearing,  or  at  such  time  to  which  the 
hearing  may  be  adjourned,  the  Council  shall  hear  such  testimony  as 
may  be  offered. 

After  hearing  the  testimony,  the  Council  shall  decide  whether  or 
not  the  allegations  of  such  petition,  or  any  of  them,  are  true.  If  the 
Council  shall  find  that  any  of  the  allegations  of  said  petition,  relative 
to  the  conduct  of  the  saloon,  or  other  place,  are  true,  they  shall  declare 
the  permit  revoked  and  order  the  Clerk  and  ex-Officio  License  Collector 
not  to  issue  any  further  license  thereunder.  Any  license  already 
issued  shall  be  and  become  void  from  the  time  of  the  revocation  of 
the  permit  under  which  such  license  was  issued. 

Sec.  13.  The  Chief  of  Police  and  any  policeman  of  the  City  of 
Stockton,  and  any  peace  officer  of  any  city,  county  or  township  of  the 
State  of  California,  shall  be  entitled  at  all  times  to  visit  and  inspect 
every  part  and  portion  of  any  place  for  which  a  license  is  issued,  and 
any  attempt  to  prevent  or  evade  such  visit  or  inspection  by  the  pro- 
prietor or  his  employes  shall  be  good  cause  for  the  revocation  of  any 
license. 

Any  failure  or  neglect  by  the  proprietor  of  any  place  to  furnish  any 
such  officer  with  all  the  facts  or  information  within  his  knowledge 
concerning  any  crime  committed  in  or  about  his  place,  and  any  such 
failure  or  neglect  on  the  part  of  any  employe,  unless  such  employe  be 
immediately  discharged,  shall  be  good  cause  for  such  revocation. 

Sec.  14.  Jt  shall  be  the  duty  of  the  Chief  of  Police  to  cause  all 
such  places  in  the  city,  established  and  licensed  under  the  provisions 
of  this  Ordinance,  to  be  visited  at  least  once  each  week  by  the  police 
of  said  city,  to  ascertain  if  any  of  the  provisions  of  this  or  any  other 
city  Ordinance  rela.ting  to  the  liquor  traffic  has  been  violated. 

Whenever  any  police  officer  shall,  either  from  such  visit  or  from 
any  other  source,  learn  of,  or  know  of,  any  such  violation,  it  shall  be 
his  duty  to  make  a  written  report  of  the  same  to  the  Chief  of  Police, 
with  the  names  of  such  witnesses  as  he  may  ascertain;  and  any  refusal 
or  neglect  of  any  police  officer  to  report,  in  writing,  to  the  Chief  of 
Police,  any  such  violation  coming  to  his  knowledge,  shall  be  good  and 
sufficient  cause  for  his  removal  from  the  police  force  of  said  city. 

It  shall  be  the  duty  of  the  Chief  of  Police  to  make  a  written  report 
to  the  Board  of  Police  and  Fire  Commissioners,  at  each  meeting,  of 
the  manner  in  which  the  places  licensed  under  the  provisions  of  this 
Ordinance  are  kept,  conducted,  maintained  and  carried  on,  and  to 
present  to  the  City  Council  a  petition  for  revocation  against  any 
licensee  whom  he  may  know,  or  have  reasonable  grounds  to  believe, 
has  violated  any  of  the  provisions  of  this  Ordinance;  or  has  violated 
the  provisions  of  any  other  Ordinance  relating  to  the  liquor  traffic;  or 
keeps,  conducts,  maintains  or  carries  on  a  bar-room  or  place  which  is 
the  frequent  resort  for  dissolute  persons,  known  thieves,  common 
drunkards,  common  prostitutes,  persons  without  visible  means  of  living, 
beggars  or  vagrants,  or  in  which  fighting,  quarreling,  disturbances  of 
the  peace  or  other  public  offenses  are  of  frequent  occurrence. 

Sec.  15.  Each  license  issued  before  this  Ordinance  is  in  force 
shall  continue  and  be  in  force  until  the  expiration  of  the  time  for 
which  such  license  was  issued,  and  no  longer. 

Sec.  16.  Nothing  in  this  Ordinance  shall  be  applicable  to  druggists 
and  apothecaries  furnishing  liquor  upon  the  written  prescription  of  a 


98  ORDINANCES. 


regularly  licensed  and  regristered  physician  where  the  same  is  not 
u»ed  or  drunk  upon  the  premises,  nor  shall  it  apply  to  any  person 
supplying  ilcohol,  or  preparations  containing  the  same,  for  scientific, 
mechanical  or  medicinal  purposes. 

Sec.  17.  Nothing  in  this  Ordinance  shall  be  construed  as  being 
applicable  to  any  dining-room,  restaurant,  eating-house  or  tamale- 
house  devoted  exclusively  to  such  business,  where  wines,  ales  and 
beer,  but  no  distilled  liquors  are  furnished  with  and  as  a  part  of 
meals,  and  where  no  bar  is  kept,  and  no  wine,  ale  or  beer  is  sold  or 
given  away,  except  with  meals. 

Sec.  18.  It  is  hereby  provided  that,  until  the  number  of  permits 
granted  or  licenses  issued  for  keeping,  conducting,  maintaining  >r 
carrying  on  any  of  the  places  of  business  mentioned  in  Section  1  of  this 
Ordinance,  shall  not  exceed  eighty  (80)  in  number  at  any  one  time, 
no  permit  shall  be  granted  or  license  issued  to  any  person,  firm,  asso- 
ciation or  corporation  to  keep,  conduct,  maintain  or  carry  on,  within 
the  limits  of  the  City  of  Stockton,  any  of  the  places  mentioned  in 
Section  1  of  this  Ordinance,  except  to  those  now  holding  such  permits 
and  licenses,  or  to  their  successors  in  business,  and  at  the  places 
where  their  said  business  is  now  located,  or  to  which  their 
said  business  may  be  hereafter  removed  or  located  by  them 
and  there  kept,  condu'cted,  maintained  and  carried  on;  and  no 
permit  shall  De  granted  or  license  issued  to  any  person,  firm,  associ- 
ation or  corporation  to  keep,  conduct,  maintain  or  carry  on  any  business 
mentioned  in  Section  1  of  this  Ordinance  at  the  place  where  such 
business  is  now  established  if  such  place  shall  cease  to  be  established 
for  any  period  of  time,  except  in  the  event  that  such  cessation  is  due 
to  the  destruction  or  removal,  from  any  cause,  of  the  premises  in 
which  such  place  of  business  was  established,  and  then  in  that  event 
only  when  the  premises  are  immediately  and  without  unnecessary- 
delay  rebuilt  or  replaced  and  said  place  of  business  Immediately 
reopened  and  re-established  by  the  same  person,  firm,  association  or 
corporation  which  kept,  conducted,  maintained  or  carried  on  said 
place  before  The  cessation,  as  aforesaid. 

And  it  is  further  provided  that  when  the  number  of  licenses  issued 
for  keeping,  conducting,  maintaining  or  carrying  on  any  of  the  places 
mentioned  in  Section  1  of  this  Ordinance  shall  be  reduced  to  eighty 
(80)  in  number,  then  that  number,  to-wit,  eighty  (80)  licenses  for 
keeping,  conducting,  maintaining  or  carrying  on  the  places  mentioned 
in  Section  1  of  this  Ordinance,  shall  never  be  exceeded  at  one  time 
within  the  City  of  Stockton. 

Notwithstanding  anything  contained  in  this  section,  licenses  may 
be  issued  to  'iny  person,  firm,  association  or  corporation,  upon  obtain- 
mg  a  permit  in  the  manner  as  in  this  Ordinance  is  provided,  to  keep, 
conduct,  maintain  and  carry  on,  in  accordance  with  the  provisions  of 
this  Ordinance,  any  place,  mentioned  in  Section  1  of  this  Ordinance, 
when  such  place  is  to  be  kept,  conducted,  maintained  or  carried  on  in 
connection  with  a  hotel  owned  or  controlled  by  such  person,  firm, 
association  or  corporation. 

Sec.  19.  It  shall  be  unlawful  for  any  person,  firm,  association  or 
corporation  to  keep  open  or  do  business,  or  to  allow  any  business  to  be 
carried  on  or  conducted,  or  to  sell  or  give  away  or  to  allow  any  person 
to  drink  any  intoxicating  liquor,  wine,  ale  or  beer  or  any  mixture 
containing  the  same  in  any  of  the  places  mentioned  in  Section  1  of 
this  Ordinance,  between  the  hours  of  one  (1)  o'clock  in  the  morning 
and  five   (5)  o'clock  in  the  morning. 


ORDlNi^NCES.    .  '.yj 


Sec.  20.  Any  person  violating  any  of  the  provisions  of  this  OTdi- 
nance  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  as  provided  in  Section  seventy-four  (74)  of  Ordinance  No,  53 
of  the  Ordinances  of  the  City  of  Stockton. 

Sec.  21.  All  Ordinances  or  parts  of  Ordinances  in  conflict  with 
the  provisions  of  this  Ordinance  are  hereby  repealed. 

Sec.  22.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  final  passage  and  approval. 


OKDTNANOE   No.   4G4. 

(Approved  February  24,  1908.)     O.  B.  7—186. 

An  Ordinance  Requiring  the  Closing  at  Certain  Times  of  All  Saloons, 
Bars,  Bar-Rooms,  Dram-Shops,  Tippling-Houses,  Tippling  Places 
or  Stands  Where  Vinous,  Spirituous,  Distilled,  Fermented,  Malt, 
Alcoholic  or  Intoxicating  Liquors  or  Wines,  or  Any  Admixture 
Thereof,  Are  Sold,  Given  Away  or  Otherwise  Disposed  Of,  Either 
at  Wholesale  or  Retail,  Within  the  Corporate  Limits  of  the  City 
of  Stockton,  and  Prohibiting  the  Sale  or  Giving  Away  or  Other 
Dispensation  of  Said  Liquors  or  Wines  at  Any  of  Said  Places  at 
Certain  Times;  Prohibiting  the  Sale  or  Giving  Away  or  Other 
Dispensation  of  Said  Liquors  or  Wines  by  Tamale-Houses,  Tamale 
Cafes,  Restaurants,  Hotels,  Lodging-Houses,  Clubs,  Pharmacies, 
Drug  Stores  and  All  Other  Public  Places,  at  Certain  Times,  and 
Excepting  From  the  Provisions  Hereof  the  Use  of  Wines  at  Church 
Sacraments,  and  the  Sale  or  Giving  Away  or  Other  Dispensation  of 
Intoxicating  Liquors  by  Druggists  or  Registered  Pharmacists  or 
Their  Assistants,  Upon  a  Regularly  Licensed  Physician's  Prescrip- 
tion for  Each  Time  That  Any  of  Said  Intoxicating  Liquors  or 
Wines  Are  Sold,  Given  Away  or  Dispensed  to  Any  Person;  Declar- 
ing Certain  Acts  to  Be  a  Misdemeanor  and  Prescribing  Penalties 
for  the   Violation  of  Said   Ordinance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Every  saloon,  bar,  bar-room,  dram-shop,  tippling-house, 
tippling  place  or  stand  where  vinous,  spirituous,  distilled,  fermented, 
malt,  alcoholic  or  intoxicating  liquors  or  wines  of  any  kind,  or  any 
admixture  thereof,  are  sold,  given  away  or  otherwise  disposed  of, 
either  at  wholesale  or  retail,  within  the  corporate  limits  of  the  City 
of  Stockton,  shall  be  closed  and  kept  closed  from  and  after  twelve  (12) 
o'clock  midnight  of  Saturday  until  the  hour  of  five  (5)  o'clock  a.  m.  of 
the  next  following  Monday  of  each  and  every  week  after  the  final 
passage  and  approval  of  this  Ordinance,  and  for  and  during  the  whole 
and  every  part  of  the  time  when,  as  provided  in  this  section,  all  places 
and  things  named  or  described  in  this  section,  are  required  to  be  closed, 
the  sale,  gift  or  other  dispensation  of  any  spirituous,  vinous,  malt, 
alcoholic  or  intoxicating  liquor  of  any  kind,  or  any  admixture  of  the 
same,  at  or  in  any  of  said  places  or  things,  is  hereby  prohibited. 

Sec.  2.  The  sale,  gift  or  dispensation  of  any  spirituous,  vinous, 
malt  or  intoxicating  liquor,  or  any  admixture  thereof,  at  or  in  tamale- 
houses,  tamale  cafes,  restaurants,  hotels,  lodging-houses,  clubs,  phar- 
macies, drug  stores  and  all  other  public  places  from  and  after  the 
hour  of  twelve  (12)  o'clock  midnight  of  Saturday  until  the  hour  of  five 
(5)  o'clock  a.  m.  of  the  next  following  Monday  of  each  and  everj-  week 
after  the  final  passage  and  approval  of  this  Ordinance,  and  from  and 
after  the  hour  of  one   (1)   o'clock  a.  m.  until  the  next  following  hour 


100  ORDINANCES. 


of  five  (5)  o'clock  a.  m.  on  other  days  of  each  and  every  week  after 
the  final  passage  and  approval  of  this  Ordinance,  is  hereby  strictly 
prohibited. 

Sec.  3.  During  any  of  the  time  or  times  when  saloons  and  other 
places  named  or  described  in  this  Ordinance  are,  by  the  provisions 
thereof,  required  to  be  closed  and  kept  closed,  or  are  prohibited  from 
selling  or  giving  away  any  of  said  intoxicating  liquors,  spirituous, 
vinous,  malt  or  intoxicating  liquor  may  for  medicinal  purposes,  but  not 
otherwise,  be  dispensed  by  registered  pharmacists,  or  their  registered 
assistants,  at  their  pharmacies  or  drug  stores,  but  only  in  the  manner 
and  on  the  conditions  following,  to-wit: 

1.  Upon  the  prescription  of  a  regularly  licensed  physician  for 
each  time  that  any  intoxicating  liquors  are  sold,  given  away  or  dis- 
pensed to  any  person. 

2.  A  public  register  shall  be  kept  at  the  pharmacy  or  drug  store, 
open  to  the  inspection  of  all  persons  or  officers  interested  in  the 
observance  of  this  la.w,  in  which  shall  be  entered  and  preserved  a 
record  of  each  dispensation  so  made  during  the  time  or  times  of  the 
closure  or  of  the  prohibition  of  the  sale  or  giving  away  of  spirituous, 
vinous,  malt  or  intoxicating  liquor,  as  provided  in  this  Ordinance. 

3.  The  record  in  said  register  of  each  dispensation  shall  state 
the  date  of  the  physician's  prescription,  the  name  of  the  physician 
who  signs  the  prescription,  the  date  when  and  the  person  tO'  whom 
the  liquor  is  dispensed,  and  the  kind  and  quantity  of  the  liquor  dis- 
pensed. 

4.  The  sale,  gift  or  dispensation  during  said  time  of  said  required 
closure  or  prohibition  of  the  sale  or  giving  away  of  any  spirituous, 
vinous,  malt  or  intoxicating  liquor  at  any  drug  store  or  pharmacy,  in 
any  manner  other  than  prescribed  in  this  section,  shall  be  governed 
by  the  provisions  of  this  Ordinance,  and  subject  the  pharmacy  or  drug 
store  and  the  pharmacists  and  assistants  therein  to  the  requirements  of 
those  sections  as  to  closure  and  to  the  prohibition  of  the  sale  or  giving 
away  of  such  intoxicating  liquors  and  to  the  penalties  in  this  Ordinance 
prescribed. 

Sec.  4.  It  is  further  provided  that  this  Ordinance  shall  not  apply 
to  the  use  or  dispensation  of  wines  at  church  sacraments. 

Sec.  5.  Any  violation  of  this  Ordinance  shall  be  unlawful  and  a 
misdemeanor,  and  shall  be  punishable  by  a  fine  of  not  to  exceed  one 
hundred  and  fifty  dollars  ($1.50),  or  by  imprisonment  in  the  County 
Jail  of  the  County  of  San  Joaquin,  or  the  City  Prison  of  the  City  of 
Stockton,  not  to  exceed  one  hundred  and  fifty  (150)  days,  or  by  both 
such  fine  and  imprisonment,  or  by  such  fine,  with  tlie  alternative  of  the 
payment  thereof,  of  such  imprisonment  at  the  rate  of  one  (1)  day  of 
imprisonment  for  each  dollar  of  fine  imposed. 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval.  

ORDINANOPJ  No.  60. 

(Approved  July  20,  1891.) 
Regulating  the   Running  at  Large,   License,  and    Impounding  of  Dogs. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as: 
follows: 

Section  1.  It  shall  bo  unlawful  for  any  dog  or  bitch  to  be  on  or  in 
any  street,  public  way  or  square  unless  around  the  neck  of  the  same: 


ORDINANCES.  •  •"'-0-!, 


1 » 


is  a  collar  to  which  is  attached  a  tag  bearing  the  number  marked 
thereon  by  the  City  Cleric.  But  this  section  does  not  apply  to  a  dog  or 
bitch  which  accompanies  its  owner,  such  owner  not  being  a  resident 
of  the  City  of  Stocktor.. 

Sec.  2.     The  tag  aforesaid,  together  with  the  license  hereinafter 
mentioned,  shall  be  by  the  City  Cierk  issued  upon  payment  to  him  by 
an  applicant  for  such  license  of  $1.50,  if  for  a  dog,  or  $3.00  if  for  a  bitch 
Such  tag  shall  have  stamped  thereon  by  the  said  Clerk  the  words  and 
figures  "April  1,  189 — ,"  and  shall  be  good  for  one  year  from  such  date. 

Sec.  3.  The  license  aforesaid  shall  contain  a  particular  descrip- 
tion of  the  animal  for  which  such  license  and  the  corresponding  tag 
are  intended,  and  shall  be  for  the  same  period  as  such  tag. 

Sec.  4.  All  moneys  received  by  said  Clerk  for  issuing  such  tags 
or  licenses  shall  be  paid  into  the  City  Treasury  to  the  credit  of  .i 
special  fund  to  be  known  as  the  "Dog  Fund,"  and  such  fund  shall,  to 
the  extent  it  may  be  needed  therefor,  be  applied  in  carrying  out  the 
provisions  of  this  Ordinance. 

Sec.  5.  Any  dog  or  bitch  found  on  or  in  any  street,  public  way  or 
square  in  contravention  or  violation  of  this  Ordinance  may  and  shall 
be  impounded  by  the  City  Poundkeeper  and,  when  impounded,  be  so 
kept  and  under  humane  treatment  for  thirty-six  hours  unless  sooner 
redeemed  by  its  owner  by  production  of  the  required  license  and  the 
payment  of  $1.00  as  pound  fee.  Ii  such  animal  be  not  so  redeemed 
within  thirty-six  hours  the  Poundkeeper  shall  kill  such  animal  and 
bury  the  carcass  outside  of  the  city  limits,  for  which  service  the 
Poundkeeper  shall  be  entitled  to  $1.00,  payable  out  of  said  "Dog 
Fund;"  provided,  that  the  Poundkeeper  may,  instead  of  killing,  sell 
such  animal  to  anyone  who  before  the  delivery  to  him  of  the  same  shall 
secure  the  proper  license  and  tag  therefor. 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  passage 
and  approval. 

OKDiyANCE   Ko.   215. 

(Approved   April    27,    1898.) 

To  Prevent  Animals  From  Running  at  Large  and  Prescribing  the 
Duties,  Fees  and  Charges  of  the  Poundkeeper  In  Connection 
Therewith. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  for  any  horse,  ass,  mule,  hog,  pig, 
goat,  sheep,  ox,  bulk  cow,  calf,  or  any  horned  or  other  animal  or  cattle 
to  run  at  large  within  the  corporate  limits  of  the  City  of  Stockton, 
either  in  the  day  time  or  at  night,  and  any  animal  aforesaid  found  at 
large  within  the  limits  of  said  city,  either  by  day  or  night,  may  be 
impounded  by  the  City  Poundkeeper. 

Sec.  2.'  It  is  hereby  made  the  duty  of  the  City  Poundkeeper  to 
take  or  drive  to  and  impound  in  the  City  Pound  any  of  the  animals 
aforesaid  found  at  large  in  said  city,  either  by  day  or  night,  and 
when  so  impounded  such  animal  or  animals  shall  not  be  taken  or 
removed  therefrom  without  the  costs  and  charges  against  the  same 
are  paid  as  hereinafter  provided.  The  costs  and  charges  shall  be 
such  as  are  fixed  and  imposed  by  this  Ordinance. 

Sec.  3.  Whenever  the  City  Poundkeeper  shall  have  impounded 
any  horse,   mule,   ass,   cow   or  other  homed   cattle   that  may,   in  his 


3(^2  ORDINANCES. 

• ~ — -'^:^-'—,l—f 


judgment,  be  of  the  value  of  $50,  he  shall  publish  a  notice  of  the  fact 
of  such  impounding,  "v»/ith  a  brief  description  of  the  animal  or  animals 
impounded,  at  least  three  times  in  some  daily  newspaper  published 
in  the  City  of  Stockton.  Tn  all  other  cases  he  shall  give  such  notice, 
either  by  publishing  as  aforesaid,  or  by  posting  notices  of  the  fact  of 
such  impounding,  with  a  brief  description  of  th^  animal  or  animals: 
impounded,  in  three  of  the  most  public  places  in  the  city,  one  of  which 
shall  be  the  office  of  the  Chief  of  Police,  and  in  case  any  hog,  pig, 
sheep,  goat  or  calf  shall  be  impounded,  said  City  Poundkeeper  shall  give 
notice  thereof  by  posiing  as  above  provided;  if  the  owner  or  owners 
of  such  animal  or  animals  so  impounded  shall  fail  to  claim  and  take 
the  same  and  pay  the  costs  and  charges  thereon  within  four  days 
after  the  first  publication  of  said  notice,  if  published,  or  the  posting  of 
The  same,  if  posted,  the  City  Poundkeeper  shall  give  two  days'  notice 
that  he  will  sell  such  animal  or  animals  at  public  auction,  and  at  the 
expiration  of  the  last  named  notice  the  City  Poundkeeper  shall  sell 
such  animal  or  animals  at  public  auction  to  the  highest  bidder  for 
United  States  gold  coin,  and  after  paying  the  costs  and  -expenses 
chargeable  against  the  animal  or  animals  sold  he  shall  pay  the 
remainder  of  the  proceeds  of  such  sale  intO'  the  City  Treasury.  The 
notice  of  3ale  at  public  auction  shall  be  given  by  posting  notices  iu 
three  of  the  most  public  places  in  said  city. 

Sec.  4.  For  publishing  notice  of  impounding  any  horse,  mule,  ass^ 
cow  or  other  animal  as  herein  provided,  the  publisher  shall  be  entitled 
to  receive  $3.00. 

Sec.  5.  The  City  Poundkeeper,  for  each  horse,  mule,  ass,  cow  or 
ether  horned  cattle  by  him  impounded,  or  by  him  received  in  the 
City  Pound,  shall  be  entitled  to  charge  and  collect  a  fee  of  $3.00,  and 
lor  each  hog,  goat  or  sheep  he  shall  be  entitled  to  charge  and  collect 
a  fee  of  $1.50,  and  for  each  pig  75  cents,  which  said  fee  shall  in  each 
case  attach  and  become  a  charge  against  each  animal  from  and  at 
the  time  when  the  officer  shall  undertake  to  impound  the  same.  The 
Poundkeeper,  in  addition  to  the  fees  aforesaid,  shall  be  entitled  to 
charge  and  collect  for  each  and  every  day  that  he  may  keep'  any 
horse.,  mule,  ass,  cow  or  other  horned  cattle  $1.00;  and  for  each  and 
every  day  that  he  may  keep  any  hog,  sheep,  goat  or  pig,  50  cents,  which 
5?hall  cover  all  charges  for  feeding  and  caring  for  any  animal  by  him 
kept  in  the  City  Pound.  The  fees,  costs  and  charges  aforesaid  shall 
be  chargeable  against  the  animal  or  animals  impounded,  and  shall  be 
paid  before  the  animal  or  animals  are  delivered  to  the  owner  or 
claimant,  thereof,  and  shall  be  kept  and  retained  by  the  City  Pound- 
keeper  for  his  own  use  and  benefit  and  as  full  compensation  for  all 
services  rendered,  and  expenses  incurred  by  him  as  such  Poundkeeper; 
provided,  that  none  of  the  fees  or  charges  mentioned  in  this  Ordi- 
nance shall  ever  be  paid  by  the  City  of   Stockton. 

Sec.  6.  All  moneys  paid  into  the  City  Treasury  under  this  Ordi- 
nance shall  be  for  the  benefit  of  the  owner  or  owners  of  the  animal  or 
animals  from  the  sale  of  which  the  money  arose,  if  such  owner  shall 
call  for  the  same  within  three  months  and  make  satisfactory  proof  to 
the  City  Treasurer  that  he  is  entitled  thereto,  but  if  he  fail  to  call  for 
the  money  within  six  months  it  shall  vest  in  the  city. 

Sec.  7.  Ordinance  No.  23  (being  originally  No.  295,  passed  Febru- 
ary 4,  1S90)  is  hereby  repealed. 

Sec.  8.  This  Ordinance  shall  take  effect  from  and  after  final  pas- 
sage and  approval. 


ORDINANCES.  103 

ORDINANCE   No.   302. 

(Approved  August  30,  1901.)     O.  B.  6—142. 

An  Ordinance  Amending  Section  1  of  Ordinance  No.  260,  Relating  to 
the  Regulating  the  Use  of  the  Harbor  and  Wharves  of  the  City 
of  Stockton,  Fixing  Tonnage,  Harbor  Dues  and  Wharf  Rates. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  1  of  Ordinance  No.  260,  relating  to  the  regula- 
ing  the  use  of  the  harbor  and  wharves  of  the  City  of  Stockton,  fixing 
tonnage,  harbor  dues  and  wharf  rates,  is  hereby  amended  so  as  to 
read  as  follows: 

Section  1.  The  master,  captain,  owner,  agent  or  other  person  in 
charge,  or  having  control  or  management  of  any  steamboat,  sailing 
vessel,  barge  or  other  craft  employed  in  receiving,  landing  at,  or  trans- 
ferring cargo  or  passengers  at  or  from  any  public  wharf,  levee  or 
landing  within  the  corporate  limits  of  the  City  of  Stockton,  shall  pay 
for  each  and  every  trip  thereof  tonnage  or  harbor  dues  at  the  following 
rates,  to  be  calculated  in  each  and  every  instance  on  the  registered 
tonnage,  to-wit: 

On  each  steamboat,  sailing  vessel,  barge  or  other  craft  registering 
one  hundred  (100)  tons  or  under,  three  (3)  cents  per  ton;  on  each 
steamboat,  sailing  vessel,  barge  or  other  craft  registering  more  than 
one  hundred  (100)  tons,  for  the  first  one  hundred  (100)  tons,  three 
(3)  cents  per  ton,  and  for  every  additional  ton,  one  and  one-half  (1%) 
cents  per  ton. 

On  each  steam  tug  used,  in  towing  sailing  vessels  or  barges,  and 
not  carrying  any  cargo  or  passengers,  two  (2)  cents  per  ton. 

Sec.  2.  All  tonnage  and  harbor  dues  shall  be  paid  before  any 
portion  of  any  freight  or  cargo  is  landed,  received,  or  transferred, 
unless  the  Harbormaster  specially  permits  otherwise. 

Sec.  3.  No  portion  of  the  freight  or  cargo  of  any  steamboat, 
sailing  vessel,  barge  or  other  craft  upon  which  tonnage  or  harbor  dues 
remains  due  or  unpaid  from  a  previous  trip  shall  be  landed,  received 
or  transferred  until  all  such  arrears  have  been  lawfully  paid,  together 
with  ten  ($10.00)  dollars  additional,  as  a  penalty  for  the  violation  of 
the  City  Charter  in  the  premises. 

Sec.  4.  It  shall  be  unlawful  for  any  owner  or  consignee  receiving 
or  shipping  any  goods,  wares,  merchandise,  coal,  cord  wood,  hay, 
lumber,  bricks,  empty  barrels  and  empty  boxes  to  allow  the  same  to  be 
or  remain  upon  any  of  the  wharves  within  the  corporate  limits  of  the 
City  of  Stockton  longer  than  forty-eight  hours  free  from  charge  whether 
in  transit  or  otherwise. 

Sec.  5.  Any  person  desiring  to  use  any  of  the  wharves  owned  by 
the  City  of  Stockton  longer  than  forty-eight  hours,  upon  application  to 
the  Harbormaster  shall  receive  a  permit  to  allow  their  goods,  wares 
or  merchandise  to  remain  such  time  as  may  be  authorized  by  the 
Harbormaster  upon  payment  of  the  following  rates,  to-wit: 

For  hay,  five  (5)  cents  per  ton  per  day. 

For  grain  of  any  kind,  one  (1)  cent  per  ton  per  day. 

For  coal,  one  and  one-half  OV2)  cents  per  ton  per  day. 

For  bricks,  one  and  one-half  (11/2)  cents  per  tnousand  per  day. 

For  cord  wood,  five  (5)  cents  per  cord  per  day. 

For  empty  barrels  and  empty  boxes,  one-half  (i/^)  cent  each  per  day. 


101  ORDINANCES. 


For  wool,  per  bale,  per  clay,  five   (5)   cents. 
For  lumber,  per  thousand,  one  (1)  cent  per  day. 
For  posts,  per  thousand,  ten  (10)  cents  per  day. 
For  shingles,  per  thousand,  five  (5)  cents  per  day. 
For  laths,  per  thousand,  five  (5>  cents  per  day. 
For  any   and  all   Rinds  of  property  not  herein  specified,  one    (1) 
cent  per  ton  per  da}^ 

Sec.  6.  Any  person  desiring  to  rent  any  portion  of  the  wharves, 
levees  or  banks  of  the  navigable  waters  owned  or  controlled  by  the 
City  of  Stockton,  may,  upon  applying  to  the  Harbormaster,  rent  the 
same  at  the  rate  of  25  centt;  per  month  per  front  foot  for  the  wharves, 
and  10  cents  per  month  per  front  foot  for  levees  and  banks.  And  the 
Harbormaster  may  set  apart  a  portion  of  the  wharf,  levee  or  bank 
applied  for,  or  a  like  portion  elsewhere,  subject  to  ratification  by  the 
City  Council,  and  to  be  vacated  at  the  end  of  any  month  the  Council 
may  see  fit,  upon  ten  days'  notice  in  writing  to  the  lessee. 

Sec.  7.  All  tonnage,  harbor  dues,  wharf  rates,  rentals  and  penal- 
ties provided  for  in  this  Ordinance  shall  be  recoverable  in  a  civil 
action  in  the  name  of  the  City  of  Stockton. 

Sec.  8.     This  Ordinance  shall  take  effect  from  and  after  its  final 
lassage  and  apDroval. 


passage  and  approval. 


ORDINANCE   No.  343. 

(Approved  .July  14,  1903.)     O.  B.  6—321. 

An  Ordinance  Amending  Section  1  of  Ordinance  No.  260,  Relating  to 
"Regulating  the  Use  of  the  Harbor  and  Wharves  of  the  City  of 
Stockton,  Fixing  Tonnage,  Harbor  Dues  and  Wharf  Rates," 
Approved   June   15,   1900.  " 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  1  of  Ordinance  No.  260,  relating  to  "regulating 
rhe  use  of  the  harbor  and  wharves  of  the  City  of  Stockton,  fixing 
tonnage,  harbor  dues  and  wharf  rates,"  approved  .June  15,  1900,  is 
hereby  amended  so  as  to  read  as  follows: 

Section  1.  The  master,  captain,  owner,  agent  or  other  person 
in  charge  or  having  control  or  management  of  any  steamboat,  sailing 
vessel,  barge  or  other  craft  employed  in  receiving,  landing  at,  or 
transferring  cargo  or  passengers  at  or  from  any  wharf,  levee  or  land- 
ing within  the  corporate  limits  of  the  City  of  Stockton,  shall  pay  for 
each  and  every  trip  thereof  tonnage  or  harbor  dues  at  the  following 
rates,  to  be  calculated  in  each  and  every  instance  on  the  registered 
tonnage,  to-wit: 

On  each  steamboat,  sailing  vessel,  barge  or  other  craft  registering 
one  hundred  and  fifty  HSO)  tens  or  under,  three  (3)  cents  per  ton;  on 
each  steamboat,  sailing  vessel,  bar^e  or  other  craft  registering  more 
than  ore  hundred  and  fifty  (150^  tons,  on  the  first  one  hundred  and 
fifty  (150)  tons  one  and  one-half  (1%)  cents  per  ton,  and  on  each 
additional  ton  three-quarters  (%"^  of  a  cent  per  ton. 

On  each  steam,  electric,  gasoline  or  other  motive  power  tug 
used  in  towing  sailing  vessels  or  barges,  and  not  carrying  any  cargo 
or  passengers,  two   (2)   cents  per  ton 

Sec.  2.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


boj^d  issues. 


OKDINANCE  No.  21. 

(Being  originally  No,  309,  approved  July  28,  1890.) 

Providing  for  the  Issue,  Sale  and  Redemption  of  Bonds  of  the  City  of 
Stockton  in  Accordance  With  the  Result  of  the  Special  Election 
Held  in  Said  City  on  the  Tenth   Day  of  June,  1890. 

Whereas,  At  a  special  election  held  in  the  City  of  Stockton  on 
the  tenth  day  of  June,  1890,  pursuant  to  the  laws  of  the  State  of 
California,  and  in  accordance  with  Ordinance  No.  302  of  said  city, 
the  said  city  has  been  authorized  to  incur  an  indebtedness  of 
$195,000  for  the  purposes  in  scid  Ordinance  specified  and  to  issue 
bonds  to  the  amount  of  said  indebtedness;    now  therefore 

Be  it  ordained  by  the  City  Council  of  ihe  City  of  Stockton  as 
follows : 

Section  1.  Tlie  City  of  Stockton  shall  incur  an  .indebtedness  of 
$195,000  for  the  four  ceveral  purposes  in  said  Ordinance  No.  302,  and 
hereinafter  specified,  ond  bonds  of  said  city  evidencing  such  indebt- 
edness shall  be  issued  to  said  amount  of  the  number,  denomination 
and  character  hereinafter  specified. 

First — For  the  construction,  completion  and  maintenance  within 
the  limits  of  the  City  of  Stockton  a  general,  comprehensive  and 
effective  system  of  sowers,  shall  be  issued  eighty  bonds,  each  for 
$1,000,  and  bearing  interest  coupons,  each  for  $25.00,  and  twenty  bonds, 
each  for  $250.00,  and  bearing  interest  coupons,  'each  for  $6.25;  said 
one  hundred  bonds  shall  be  numbered  consecutively  from  one  to  one 
hundred,  inclusive,  and  every  fifth  bond  shall  be  of  the  denomination 
of  $250.00.  Said  bonds  shall  be  divided  into  twenty  series,  numbered 
from  one  to  twenty,  inclusive.  Series  one  shall  include  the  bonds 
numbered  from  one  to  five,  inclusive,  and  each  succeeding  series  shall 
include  the  five  bonds  which  are  numbered  consecutively  next  after 
Those  included  in  the  preceding  series.  The  proceeds  of  the  sale  of 
these  said  one  hundred  bonds  shall  be  placed  in  the  treasury  of  said 
city  to  the  credit  of  a  fund  to  be  known  as  Municipal  Improvement 
Fund  No.  1. 

Second — For  the  acquisition,  construction  and  completion  withiii 
the  City  of  Stockton  of  a  system  whereby  fresh  water  may  be  supplied 
for  street  sprinkling,  for  the  use  of  the  Fire  Department  and  for  the 
flushing  of  sewers,  shall  be  issued  twenty  bonds,  each  for  $1000,  and 
bearing  interest  coupons  each  for  $25.00;  twenty  bonds,  each  for 
$500.00,  and  bearing  interest  coupons  each  for  $12.50,  and  twenty 
bonds,  each  for  $250.00,  and  1  earing  interest  coupons  each  for  $6.25. 
Said  sixty  bonds  shall  be  numbered  consecutively  from  one  to  sixty, 
inclusive,  and  every  second  bond  shall  be  of  the  denomination  of 
S500.00,  and  every  "third  bond  of  the  denomination  or  $250.00.  Said 
bonds  shall  be  divided  into  twenty  series,  numbered  from  one  to 
twenty,  inclusive.  Se-.'ieo  one  shall  include  the  bonds  numbered  from 
one  to  three,  inclusive,  and  each  succeeding  series  shall  include  the 
three  bonds  which  ore  numbered  consecutively  next  after  those 
included  in  the  preceding  series.  The  proceeds  of  the  sale  of  these 
said  sixty  bonds  shall  be  placed  in  the  treiisury  of  said  city  to  the 
credit  of  a  fund  to  be  known  as  Municipal  Improvement  Fund  No.  2. 

Third — For  the  construction,  completion  and  maintenance  of 
bridges  in  the  City  of  Stockton  shall  be  issued  twenty  bonds,  each  for 


106  ORDINANCES. 


$1,000,  and  bearing  interest  coupons  each  for  $25.00,  and  twenty  bonds, 
each  for  $250.00,  and  bearing-  interest  coupons,  each  for  $6.25. 
Said  forty  bonds  shall  be  numbered  "consecutively  from  one  to  forty, 
inclusive,  and  every  second  bond  shall  be  of  the  denomination  of 
$250.00.  Said  bonds  shall  be  divided  into  twenty  series,  numbered 
consecutively  from  one  to  twenty,  inclusive.  Series  one  shall  include 
the  bonds  which  are  numbered  one  and  two,  and  each  succeeding 
series  shall  include  the  two  bonds  which  are  numbered  consecutively 
next  after  those  included  in  the  preceding  series.  The  proceeds  of  the. 
sale  of  these  said  forty  bonds  shall  be  placed  in  the  treasury  of  said 
city  to  the  credit  of  a  fund  to  be  Imown  as  Municipal  Improvement 
Fund  No.  3. 

Fourth — For  the  improvement  of  the  public  squares  and  of  the 
sidewalks  and  streets  around  them  and  the  improvement  of  the 
streets  around  the  water-front  on  Stockton  Channel  in  the  City  of 
Stockton,  and  the  construction,  completion  and  maintenance  of  a 
system  of  surface  drainage  in  said  city,  shall  be  issued  forty  bonds, 
each  for  $1,000,  and  bearing  interest  coupons,  each  for  $25.00,  and 
twenty  bonds,  each  for  $500.00,  and  bearing  interest  coupons 
each  for  $12.50.  Said  sixty  bonds  shall  be  numbered  from  one  to  sixty, 
inclusive,  and  every  third  bond  shall  be  of  the  denomination  of 
$500.00.  Said  bonds  shall  be  divided  into  twenty  series,  numbered 
from  one  to  twenty,  inclusive.  Series  one  shall  include  the  bonds 
numbered  from  one  to  three,  inclusive,  and  each  succeeding  series 
shall  include  the  three  bonds  which  are  numbered  consecutively  next 
after  those  included  in  the  preceding  series.  The  proceeds  of  thc^ 
sale  of  these  said  sixty  bonds  shall  be  placed  in  the  treasury  of  said' 
city  to  the  credit  of  a  fund  to  be  known  as  Municipal  Improvement 
Fund  No.  4. 

One-twentieth  part  in  amounts  of  the  bonds  evidencing  the  indebt- 
edness for  each  of  the  four  purposes,  objects  or  funds  aforesaid  shall 
be  payable  on  the  tenth  day  of  Septembe-r  of  each  year  until  the  indebt- 
edness! for  that  purpose,  object  or  fund  shall  have  been  paid,  and 
interest  upon  all  unpaid  amounts,  at  the  rate  of  5  per  cent  per  annum, 
shall  be  payable  semi-annually,  on  the  tenth  day  of  March  and  the 
tenth  day  of  September  of  each  year.  Each  of  the  interest  coupons 
shall  represent  six  months'  interest,  be  payable  to  bearer,  and  the 
number  of  coupons  attached  to  each  bond  shall  at  least  equal  twice  the 
number  of  years  the  bond  has  to  run  before  due. 

Sec  2.  The  form  and  language  of  all  said  bonds  shall  be  sub- 
stantially as  follows: 

"State  of  California.  United  States  of  America.  Bond  of  the 
City  of  Stockton 

"Bond  No.   Series  No.   $ ^ 

"Municipal   Improvement  Fund,   No.    

'The  City  of  Stockton,  a  municipal  corporation  in  the  County  of 
San  Joaquin,  State  of  California,  owes  and  agrees  for  values  received 

to  pay  to or  order,  at  the  office  of  its  City  Treasurer 

in  said  city,   on  the   tenth   day  of  September,  A.  D.    ,  the  sum 

of dollars,  gold  coin  of  the  United  States  of  America,  with 

interest  thereon  in  like  gold  coin  at  the  rate  of  5  per  cent  per  annum, 
payable  semi-annually  on  the  tenth  day  of  March  and  the  tenth  day 
of  September  of  each  calendar  year  from  date  hereof,  at  said  office 
of  the  City  Treasurer  of  said  city,  on  presentation  and  surrender  of 
the  proper  interest  coupon  hereto  attached.  This  bond  ceases  to 
bear  interest  when  due  unless  presented  for  payment. 


ORDINANCES.  10  r 


"This  bond  and  the  series  to  which  it  belongs  are  issued  by  the 
City  Council  of  the  City  of  Stockton  under  the  provisions  of  an  Act 
of  the  Legislature  of  the  State  of  California,  approved  March  19,  1889, 
entitled*  An  Act  to  authorize  the  incurring  of  indebtedness  by  cities, 
towns  .and  municipal  corporations  incorporated  under  the  laws  of 
this  State,  for  the  construction  of  water  works,  sewers  and  all  neces- 
sary public  improvements,  or  for  any  purpose  whatever,  and  to  repeal 
the  Act  approved  March  9,  1885,  entitled:  An  Act  to  authorize  munici- 
pal corporations  of  the  fifth  class  containing  more  than  3,000  and  less 
than  10,000  inhabitants  to  obtain  w^ter  works;  also  to  repeal  an  Act 
approved  March  15,  1887,  entitled:  An  Act  authorizing  the  incurring  of 
indebtedness  by  cities,  towns  and  municipal  corporations  incorporated 
under  the  laws  of  this  State:  and  pursuant  to  a  vote  given  at  an 
election  had  in  said  city,  under  the  provisions  of  said  Act,  on  the 
tenth  day  of  June,  1800.  And  it  is  hereby  declared  that  said  election 
was  in  all  respects  duly  called,  held  and  conducted,  that  the  notice 
thereof  and  the  canvass  and  declaration  of  the  results  thereof  were 
in  all  respects  had  and  made  in  accordance  with  the  law,  and  that 
the  issuance  of  this  bond  and  all  proceedings  precedent  thereto  or 
connected  therewith  have  been  regular  and  in  strict  accordance  with 
the  law. 

"In  witness  whereof  the  City  of  Stockton,  by  its  Mayor  and  City 
Council,  has  caused  and  authorized  its  Mayor  to  sign  hereto  the  name 
of  said  city,  its  City  Treasurer  to  sign  his  own  name  hereto,  and  its 
City  Clerk  to  countersign  the  same  and  affix  the  corporate  seal  of  the 
said  City  of  Stockton  on  this  tenth  day  of  September,  1890. 

"THE  CITY   OF   STOCKTON. 


"By 

[Seal  of  the 
City  of  Stockton.] 

"Countersigned, 


"Mayor  of  Said  City. 
"City  Treasurer  of  Said  City. 


City  Clerk  of  Said  City." 
The  interest  coupons  attached  to  said  bonds  shall  be  substantially 

in  the  following  form  and  language: 

"Municipal  Improvement  Fund  No. 

"$ "Bond  No.   "Coupon  No.   

"The  City  of  Stockton  will  pay  to  bearer  at  the  office  of  its  City 

Treasurer,  in  said  city,  on  the  tenth  day  of , , 

dollars  geld  coin  of  the  United  States,  for  interest  on  the- 

bond  aforesaid. 


"Treasurer  of  Said  City." 
Sec.  3.  The  Mayor,  Treasurer  and  City  Clerk  of  the  City  of 
Stockton  are  hereby  authorized  and  directed  to  sign  and  execute  all 
said  bonds  as  of  the  date  of  September  10,  1890,  and  the  Treasurer  to 
sign  all  said  interest  coupons  in  the  manner  and  form  indicated  by 
the  form*  prescribed  in  Section  2  of  this  Ordinance,  and  the  acts  of 
each  of  them  in  so  doing  shall  be  construed  to  be  both  for  his  official 
self  and  for  the  said  City  of  Stockton.  The  Committee  on  Printing  of 
said  City  Council  is  hereby  authorized  to  supervise  the  printing  and 
execution  of  all  said  bonds  and  coupons. 

Sec.  4.  Said  bonds,  or  any  portion  of  them,  may  be  sold  by  said 
City  Council  at  not  less  than  their  par  value  and  at  either  public  or 
private  sale  without  further  notice. 


108  ORDINANCES. 


Sec.  5.  There  shall  he  levied  and  collected  annually  for  the  term 
of  twenty  years  by  the  municipal  authorities  of  the  said  City  of 
Stockton,  at  the  time  of  the  levy  and  collection  of  other  city  tajces 
and  in  addition  to  all  othe^  taxes  levied  for  city  purposes,  a  special 
tax  sufficient  to  pay,  and  with  which  shall  be  paid,  one-twentieth  part 
of  the  aggregate  amount  of  the  said  indebtedness  so  incurred  for  each 
and  every  one  of  the  purposes  and  objects  aforesaid.  The  moneys 
so  collected  shall  constitute  a  sinking  fund  for  the  payment  of  the 
principal  amount  of  said  indebtedness  within  twenty  years  from  the 
time  of  contracting  the  same,  and  so  that  said  indebtedness  may  be 
wholly  paid  -cm  or  before  the  tenth  day  of  September,  A.  D.  1910. 
The  taxes  so  collected  shall  be  deposited  in  the  treasury  of  said  city 
to  the  credit  of  Municipal  Improvement  Funds  Nos.  1,  2,  3  and  4,  re- 
spectively, and  shall  be  applied  solely  to  the  payment  of  the  principal 
and  interest  of  said  bonds  as  the  same  fall  due. 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

ORDINANOE  No.  58. 

(Approved  July  7,  1891.) 

Concerning  the  Matter  of  incurring  a  Bonded  Indebtedness  by  tlie 
City  of  Stockton  for  the  Purpose  of  Improving  the  Navigable  and 
Other  Channels  Within  Said  City;  Providing  for  the  Issue,  Sale 
and  Redemption  of  Bonds  of  Said  City  in  Accordance  With  the 
Results  Herein  Declared  of  an  Election  Held  in  Said  City  on  the 
Nineteenth   Day  of  May,  1891. 

Whereas,  The  City  Council  of  the  City  of  Stockton  did  by  Ordi- 
nance No.  329  call  a  special  election  in  connection  with  and  as  a  part 
of  a  general  election  for  officers  of  said  city  to  be  held  in  said  city 
on  the  19th  day  of  Ma}',  1S91,  and  at  said  election  submit  to  the  voters 
of  said  city  the  proposition  to  incur  a  municipal  indebtedness  in  the 
fe-um  of  $40,000  for  the  purpose  of  constructing  and  completing  improve- 
ments of  the  navigable  and  other  channels  within  the  corporate  limits 
of  said  city,  by  dredging  the  same,  by  building  and  repairing  bulk- 
heads on  the  banks  thereof,  and  by  otherwise  preparing  the  same  for 
convenient  use;   and, 

Whereas,  Said  Ordinance  was.  after  its  passage  and  approval  an  J 
before  the  beginning  of  the  publication  of  ihe  notice  of  said  election, 
published  daily  for  more  than  ten  days  in  the  Stockton  Daily  Indepen- 
dent, a  newspaper  published  in  said  city;  and  said  Council  did  by  said 
Ordinance  and  otherwise  cause  to  be  published  and  there  was  pub- 
lished in  said  newspaper  daily  for  more  than  two  weeks  after  the 
completion  of  the  publication  as  aforestaied  of  said  Ordinance  and 
before  the  day  or  time  of  said  election,  a  due  and  sufficient  notice  of 
,said  election,  in  which  notice  among  other  things  were  fully  set  forth 
the  purpose  for  which  said  indebtedness  was  and  is  to  be  incurred, 
the  number  and  character  of  the  bonds  to  be  issued,  the  rate  of  inter- 
est to  be  paid,  and  the  amount  of  the  tax  levy  to  be  made  for  the 
payment  thereof;   and, 

Whereas,  Said  special  election  in  connection  with  and  as  a  part 
of  the  general  election  for  city  officers  on  that  day  was  duly  held  on 
&aid  19th  day  of  May,  1891,  in  all  particulars  according  to  law  and  the 
provisions  of  said  Ordinance  and  the  terms  of  said  notice  of  election; 
and  the  proper  officers  of  said  election  returned  to  and  filed  with  the 
City  Clerk  of  said  city  the  returns  of  said  special  election;   and  said 


ORDINANCES.  10') 


returns  were  on  the  25th  day  of  May,  1S91,  opened  and  duly  can- 
vassed by  the  City  Council  of  said  city  acting  by  and  through  its 
Comniittee  of  the  Whole,  which  said  committee  presented  its  report 
to  said  Council,  which  report  was  duly  received,  approved 
and  adopted  by  said  Council  and  entered  of  record  in  the  minutes 
of  said  Council;  now,  therefore,  in  accordance  with  the  results  of  said 
canvass  and  the  record  thereof  aforesaid  be  it  ordained  by  the  City 
Council  of  the  City  of  Stockton  as  follows: 

Section  1.  It  is  hereby  declared  that  the  total  number  of  voters 
voting  at  said  special  election  was  and  is  2,799;  that  at  said  election 
2,572  votes  were  cast  tn  favor  of  and  for  the  said  proposition  to  inctir 
a  municipal  indebtedness  for  the  purpose  in  the  preamble  of  this 
Ordinance  aforestated  and  that  227  votes  and  no  greater  number  were 
cast  against  said  proposition;  that  in  detail  the  votes  cast  at  said 
election  upon  said  proposition  were  a«  follows,  to-wit: 

For  the  Against  the 

First  Ward —  Indebtedness.  Indebtedness. 

First   Precinct    186 2'6 

l^'.econd   Precinct   - 176 10 

Third  Precinct 360 13 

Second  Ward — ■ 

First   Precinct    228 6 

Second   Precinct    224 26 

Third  Precinct  1S2 9 

Third  Ward- 
First   Precinct    ,  219 79 

Second   Precinct    137 0 

Third  Precinct 131 11 

Fourth  Ward- 
First   Precinct    251 9 

Second   Precinct    270 17 

Third  Precinct 208 18 


Totals    2572 227 

It  is  further  declared  that  said  2,572  votes  as  aforesaid  cast  in 
lavor  of  and  for  said  proposition  were  and  are  more  than  two-thirds 
of  all  the  votes  cast  by  all  the  voters  voting  at  said  election,  whether 
upon  said  proposition  or  otherwise;  that  by  the  votes  of  more  than 
iwo-thirds  of  all  the  voters  voting  at  said  election  said  proposition 
was  and  is  accepted,  and  said  indebtedness  of  $40,000  for  the  purposes 
aforestated  and  the  issuance  of  bonds  of  said  city  in  the  amount  of 
$40,000  were  and  are  determined  and  authorized. 

Sec.  2.  The  City  of  Stockton  shall  incur  an  indebtedness  of 
$40,000  for  the  purpose  of  constructing  and  completing  improvements 
of  the  navigable  and  other  channels  within  the  corporate  limits  of  said 
city  by  dredging  the  same,  by  building  and  repairing  bulkheads  on  the 
banks  thereof,  and  by  otherwise  preparing  the  same  for  convenient  use, 
and  bonds  of  said  city  evidencing  such  indebtedness  shall  be  issued  in 
the  amount  of  $40,000  of  the  number,  denomination  and  character  here- 
inafter designated. 

Sec.  3.  Said  bonds  shall  be  of  the  kind  known  as  "serials,"  shall 
be  forty  in  number,  each  for  $1,000,  and  bearing  interest  coupons  each 
for  $25.00.  Said  bonds  shall  be  numbered  consecutively  one  to  forty, 
inclusive,  and  be  divided  into  twenty  series,  which  shall  be  numbered 


110  ORDINANCES. 


from  one  to  twenty,  inclusive.  Series  one  shall  include  the  two  bonds 
■numbered  one  and  two,  respectively,  and  each  succeeding  series  shall 
include  the  two  bonds  which  are  numbered  consecutively  next  after 
the  preceding-  series. 

Sec.  4.  One-twentieth  part  in  amount  of  the  bonds  evidencing 
said  indebtedness  shall  be  payable  on  the  tenth  day  of  September 
of  each  year  until  said  indebtedness  shall  have  been  paid,  and  interest 
on  all  unpaid  amounts  at  the  rate  of  5  per  cent  per  annum  shall  be 
payable  semi-annually  on  the  tenth  day  of  March  and  the  tenth  day  of 
September  of  each  year.  Each  of  the  interest  coupons  shall  represent 
six  months*  interest,  be  payable  to  bearer  at  the  office  of  the  City 
Treasurer  of  said  city,  and  the  number  of  coupons  attached  to  each 
bond  shall  be  equal  to  at  least  twice  the  number  of  years  the  bond  has 
to  run  before  due. 

Sec.  5.  The  form  and  language  of  all  said  bonds  shall  be  substan- 
tially as  follows: 

"State  of  California.  United  States  of  America.  Bond  of  the 
City  of  Stockton. 

"Bond  No. Series  No, $1,000. 

"Municipal  Imporvement  Fund  No.   5. 

"The  City  of  Stockton,  a  municipal  corporation  in  the  County  of 
San  Joaquin,  State  of  California,  owes  and  agrees  for  value  received 

to  pay  to ,  or  order,  at  the  office  of  its  City  Treasurer  in 

said  city,  on  the  tenth  day  of  September,  A.  D. ,  the  sum  of  $1,000, 

gold  coin  of  the  United  States  of  America,  with  interest  thereon  in  like 
gold  coin  at  the  rate  of  5  per  cent  per  annum,  payable  semi-annually  on 
the  tenth  day  of  March  and  the  tenth  day  of  September  of  each  cal- 
endar year  from  date  hereof,  at  said  office  of  the  City  Treasurer  of 
paid  city,  on  presentation  and  surrender  of  the  proper  interest  coupon 
hereto  attached.  This  bond  ceases  to  bear  interest  when  due  unless 
presented  for  payment. 

"This  bond  and  the  series  to  which  it  belongs  are  issued  by  the 
City  Council  of  the  City  of  Stockton  under  the  provisions  of  an  Act 
of  the  Legislature  of  the  State  of  California,  approved  March  19,  1889, 
entitled  'An  Act  to  authorize  the  incurring  of  indebtedness  by  cities, 
towns  and  municipal  corporations  incorporated  under  the  laws  of  this 
State,  for  the  construction  of  water  works,  sewers  and  all  necessary 
public  improvements,  or  for  any  purpose  whatever,'  and  to  repeal  the 
Act  approved  March  9,  1885,  entitled  'An  Act  to  authorize  municipal 
corporations  of  the  fifth  class  containing  more  than  3,000  and  less  than 
10,000  inhabitants  to  obtain  water  works;'  also  to  repeal  an  Act 
approved  March  15,  1887,  entitled  'An  Act  authorizing  the  incurring 
of  indebtedness  by  cities,  towns  and  municipal  incorporations  incor- 
porated under  the  laws  of  this  State'  (inclusive  of  amendments 
thereof),  and  pursuant  to  a  vote  given  at  an  election  had  in  said  city, 
under  the  provisions  of  said  .Act  (inclusive  of  amendments  thereof), 
on  the  nineteenth  day  of  May,  3  891.  And  it  is  hereby  declared  that 
said  election  was  in  all  respects  duly  called,  held  and  conducted,  that 
the  notice  thereof  and  the  canvass  and  declaration  of  the  results 
thereof  were  in  all  respects  had  and  made  in  accordance  with  the  law, 
and  that  the  issuance  of  this  bond  and  all  proceedings  precedent 
thereto  or  connected  therewith  have  been  regular  and  in  strict  accord- 
ance with  the  law. 

"In  witness  whereof  the  City  of  Stockton,  by  its  Mayor  and  City 
Council,  has  caused  and  authorized  its  Mayor  to  sign  hereto  the  name 
ot  said  city,  its  City  Treasurer  to  sign  his  own  name  hereto,  and  its 


ORDINANCES.  Ill 


City  Clerk  to  countersign  the  same  and  affix  the  corporate  seal  of  the 
said  City  ot"  Stockton  on  this  tenth  day  of  September,  1891. 

"THE  CITY  OF  STOCKTON. 

•        -^By    . 

"Mayor  of   Said   City. 

[Seal  of  the  , 

City  of  Stockton.]  "City  Treasurer  of  Said  City. 

"Countersigned  

"City  Clerk  of  Said  City." 

The   interest   coupons    attached   to   said   bonds   shall   be    substan- 
tially in  the  following  form  and  language: 

"Municipal  Improvement  Fund  No.  5. 

"$25.00.  Bond   No.    Coupon  No.    

"The  City  of  Stockton  will  pay  to  bearer  at  the  office  of  its  City 

"Treasurer  in  said  city  on  the  tenth  day  of , ,  $25.00, 

gold  coin  of  the  United  States,  for  interest  on  the  bond  aforesaid. 


"Treasurer  of  Said  City." 

Sec.  6.  The  Mayor,  Treasurer  and  City  Clerk  of  the  City  of 
Stockton  are  hereby  authorized  and  directed  to  sign  and  execute  all 
said  bonds  as  of  date  of  September  10th,  1891,  and  the  said  Treasurer 
to  sign  all  said  interest  coupons  in  substantially  the  manner  and  form 
prescribed  in  Section  5  of  this  Ordinance,  and  the  acts  of  each  of 
them  in  so  doing  are  hereby  declared  and  shall  be  construed  to  be 
both  for  his  official  self  and  for  the  said  City  of  Stockton.  The 
Committee  on  Printing  of  said  City  Council  is  hereby  authorized  and 
directed  to  supervise  the  printing  and  execution  of  said  bonds  and 
coupons. 

Sec.  7.  Said  bonds  or  any  portion  of  them  may  be  sold  by  said 
City  Council  at  not  le.ss  than  their  par  value  and  at  either  private 
•or  public  sale  without  further  notice.  The  proceeds  of  the  sale  of 
said  bonds  or  any  of  them  shall  be  placed  in  the  treasury  of  said  city 
to  the  credit  of  a  fund  which  is  designated  and  shall  be  known  as 
Municipal  Improvement  Fund  No.  5. 

Sec.  8.  From  and  out  of  the  separate  fund  designated  and 
provided  by  and  in  Section  161  of  the  jDresent  Charter  of  the  City  of 
Stockton,  which  said  fund  is  by  the  terms  of  said  section  to  be  devoted 
•exclusively  to  the  dredging  of  channels,  the  building  and  repairing 
of  wharves  and  bulkheads,  and  generally  to  the  improvement  of  the 
wharves,  levees  and  water-front,  is  hereby  and  shall  be  set  apart  the 
amount  sufficient  to  pay  the  principal  and  interest  of  said  bonds  as 
the  same  shall  become  due,  to-wit,  for  the  year  beginning 


January  1 
January  1 
January  1 
January  1 
January  1 
January  1 
January  1 
January  1 
January  1 
JanuaiT  1 
Januarj'  1 
January  1 
January  1 
Janua^ry  1 


1891,  the  sum  of $4,000 

1892,  the  sum  of. 3,900 

1893,  the  sum  of 3,800 

1894,  the  sum  of 3,700 

1895,  the  sum  of 3,600 

1896,  the  sum  of 3,500 

1897,  the  sum  of 3,400 

1898,  the  sum, of 3,300 

1899,  the  sum  of . 3,200 

1900,  the  sum  of 3,100 

1901,  the  sum  of 3.000 

1902,  the  sum  of 2,900 

1903,  the  sum  of 2,800 

1904,  the  sum  of 2,700 


112  ORDINANCES. 


January  1,  1905,  the  sum  of 2,60'> 

January-  1,  1906,  the  sum  of 2,500 

January  1,  1907,  the  sum  of 2.400 

January  1,  1908,  the  sum  of 2,300 

January  1,  1909,  the  sum  of 2,200 

January  1,  1910,  the  sum  of 2,100 

And  the  fund  or  funds  so  derived  and  set  apart  shall  be  the 
primary  fund  or  funds  for  the  payment  of  the  principal  and  interest 
of  said  bonds,  and  said  principal  and  interest  shall  and  must  be  paid 
from  the  same  exclusively,  save  and  except  as  provided  as  follows: 

But  in  case  there  shall  arise  an  actual  or  probable  insufficiency 
in  the  fund  or  funds  so  as  aforesaid  provided,  designated  and  derived, 
to  pay  the  principal  or  interest  of  said  bonds  or  indebtedness  as  it 
falls  due  and  within  twenty  years  from  the  time  of  contracting  such 
indebtedness,  there  shall  be  levied  and  collected  by  the  municipal 
authorities  of  the  said  City  of  Stockton,  at  the  time  of  the  levy  and 
collection  of  other  city  taxes  and  in  addition  to  all  other  taxes  levied 
tor  city  purposes,  a  special  tax  sufficient  to  pay  and  with  which  shall 
be  paid  annually  one-twentieth  part  of  the  amount  of  the  indebtedness 
evidenced  by   said   bonds. 

The  moneys  so  as  aforesaid  derived  or  collected  whether  from 
said  Charter  fund  or  from  said  special  tax  shall  constitute  a  sinking 
fund  for  the.  payment  of  the  principal  amount  of  siaid  indebtedness 
within  twenty  years  from  the  time  of  contracting  the  same  and  so 
that  said  indebtedness  may  be  wholly  paid  on  or  before  the  tenth  day 
September,  1911.  Said  taxes,  if  any,  and,  also,  the  proceeds  of  said 
Charter  fund  so  as  aforesaid  set  apart,  shall  be  deposited  in  the 
treasury  of  said  city  to  the  credit  of  said  Municipal  Improvement 
Fund  No.  5  and  be  applied  exclusively  and  solely  to  the  payment  of 
the  principal  and  interest  of  said  bonds  as  the  same  fall  due. 

Sec.  9.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

OEDTNANCIE   Nol   261. 

(Approved    June    13,    1900.) 

Providing  for  tlie  Issue,  Sale  and  Redemption  of  Bonds  of  the  City 
of  Stockton  In  Accordance  With  the  Result  of  the  Special 
Election   Held  in  Said  City  on  the  Second  Day  of  May,  1900. 

Whereas,  At  a  special  election  held  in  the  City  of  Stockton  on 
the  second  day  of  May,  1900,  pursuant  to  the  laws  of  the  State  of 
California,  and  in  accordance  with  Ordinance  No.,  252  of  said  city, 
the  said  city  has  been  authorized  to  incur  an  indebtedness  of  fifty- 
two  thousand  ($52,000)  dollars  tor  the  purposes  hereinafter  set  forth, 
and  to  issue  bonds  to  the  amount  of  said  indebtedness;  now,  there- 
fore, be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  shall  incur  an  indebtedness  of 
l]fty-two  thousand  ($52,000)  dollars  for  the  following  purposes  and 
for  the  following  amounts  for  each  of  said  purposes,  to-wit: 

First — Twenty -two  thousand  ($22,000)  dollars  for  the  construc- 
tion, completion  and  maintenance  by  said  City  of  Stockton  of  an  outfall 
sewer  from,  the  west  end  of  the  iron  pipe  now  in  use  in  the  present 
outfall  sewer  to  the  San  Joaquin  river. 

Second — Thirty  thousand  ($30,000)  dollars  for  the  construction, 
completion  and  maintenance  by  said  City  of  Stockton  of  a  system  of 
rainwater  sewers  in  the  several  parts  of  the  city  wherever  necessary. 


ORDTN  \NCES.  113 


Sec  2.  Bonds  of  said  city,  evidencing  the  said  indebtedness, 
shall  be  issued  in  ihe  amount  of  fifty-two  thousand  ($52,000)  dollars 
oi  the  number,  denomination  and  character  hereinafter  designated. 

Sec.  3.  Said  bonds  shall  be  of  the  kind  known  as  serials,  and  for 
the  first  purpose  above  named  there  shall  be  issued  forty  (40)  bonds, 
each  for  five  hundred  and  fifty  ($550.00)  dollars,  and  bearing  interest 
coupons  each  for  eleven  ($11.00)  dollars.  Said  forty  bonds  shall  be 
numbered  consecutively  from  one  to  forty,  inclusive,  and  be  divided 
into  fort}^  series,  which  shall  be  numbered  from  one  to  forty,  inclusive. 
Series  one  shall  include  the  bond  numbered  one,  and  each  succeeding 
series  shall  include  the  bond  which  is  numbered  consecutively  next 
after  the  bond  included  m  the  preceding  series. 

The  proceeds  of  the  sale  of  these  said  forty  bonds  shall  be  placed 
in  the  treasury  of  the  said  city  to  the  credit  of  a  fund  to  be  known 
as  Municipal  Improvement  Fund  No.  6. 

For  the  second  purpose  above  named  there  shall  be  issued  forty 
(40)  bonds,  each  for  seven  hundred  and  fifty  ($750.00)  dollars,  and 
bearing  interest  coupons  each  for  fifteen  ($15.00)  dollars;  said  forty 
bonds  last  named  shall  be  numbered  consecutively  from  one  to  forty, 
inclusive,  and  be  divided  into  forty  series,  which  shall  be  numbered 
from  one  to  forty,  inclusive.  Series  one  shall  include  the  bond  num- 
bered one,  and  each  succeeding  series  shall  include  the  bond  which  is 
numbered  consecutively  next  after  the  bond  included  in  the  preceding 
series. 

The  proceeds  of  the  sale  of  these  said  forty  bonds  shall  be  placed 
in  the  treasury  of  said  city  to  the  credit  of  a  fund  to  be  known  as 
Municipal  Improvement  Fund  No.  7. 

Sec.  4.  One-fortieth  (1-40)  part  in  amount  of  the  bonds  evidenc- 
ing: said  indebtedness  for  each  of  the  two  purposes  above  named, 
objects  or  funds  aforesaid,  shall  be  payable  on  the  tenth  day  of  Sep- 
tember of  each  year  until  said  indebtedness  for  that  purpose,  object 
or  fund  shall  have  been  paid,  and  interest  upon  all  unpaid  amounts  at 
the  rate  of  4  per  cent  per  annum,  payable  semi-annually  on  the  tenth 
day  of  March  and  the  tenth  day  of  September  of  each  year.  Each 
cf  the  interest  coupons  above  mentioned  shall  represent  six  months' 
interest,  to  be  payable  to  bearer  at  the  office  of  the  City  Treasurer  of 
said  city;  and  the  number  of  coupons  attached  to  each  bond  shall  be 
equal  to  at  least  twice  the  nvmiber  of  years  the  bond  has  to  run 
before  due. 

Sec.  5.  The  form  and  language  of  all  said  bonds  shall  be  sub- 
stantially as  follows: 

"State  of  California.  United  States  of  America.  Bond  of  the  City 
ct  Stockton. 

"Bond  No.   Series  No    $ 

"Municipal  Improvement  Fund  No.   

"The  City  of  Stockton,  a  municipal  corporation  in  the  County  of 
San  Joaquin,  State  of  California,  owes  and  agrees  for  value  received 

to  pay  to ,  or  order,  at  the  off.ce  of  its  City  Treasurer  in 

said  city,  on  the  tenth   day  of  September,  A.  D.   ,  the  sum  of 

dollars,  gold  coin  of  the  United  States  of  America,  witn 

interest  thereon  in  like  gold  coin  at  the  rate  of  4  per  cent  per  annum, 
payable  semi-annually  on  the  tenth  day  of  March  and  the  tenth  day 
of  September  of  each  calendar  year  from  date  hereof,  at  said  office 
cf  the  City  Treasurer  of  said  city  on  presentation  and  surrender  of 
the  proper  interest  coupon  hereto  attached.  These  bonds  cease  to 
bear  interest  when   due   unless   presented   for   payment. 


114  ORDINANCES. 


"This  bond,  and  the  series  to  which  it  belongs,  are  Issued  by  the 
City  Council  of  the  City  of  Stockton  under  and  in  pursuance  of  and  in 
conformity  with  an  Act  of  the  I.e^islature  of  the  State  of  California 
entitled  'An  Act  authorizing  the  incurring  of  indebtedness  by  cities, 
towns  and  municipal  corporations  incorporated  under  the  laws  of  this 
State,  for  the  construction  of  water  works,  sewers  and  all  necessary 
public  improvements,  and  to  repeal  the  Act  approved  March  9th,  1885, 
entitled  "An  A.ct  to  authorize  municipal  corporations  of  the  fifth  class 
containing  more  than  DOOO  and  less  than  10,000  inhabitants,  to  obtain 
water  works;"  also  to  repeal  an  Act  approved  March  15th,  1887,  en- 
titled "An  Act  authorizing  the  incurring  of  indebtedness  by  cities, 
towns  and  municipal  corporations  incorporated  under  the  laws  of  this 
State,"  approved  March  I'^th.  1889,  as  amended  March  11th  and  19th, 
1891,  and  March  1st,  1893.' 

"And  it  is  hereby  certified  and  declared  that  this  bond  is  issued 
in  pursuance  o^  and  in  conformity  with  the  Constitution  of  the  State 
of  California  and  the  Charter  and  Ordinances  of  the  said  City  of 
Stockton ;  and  in  pursuance  of  and  in  conformity  with  a  vote  of  more 
than  two-thirds  of  all  the  qualified  electors  of  said  City  of  Stockton 
voting  at  a  special  election  du^.y  and  regularly  called  and  held  in  said 
city,  as  provided  in  said  Act,  on  the  second  day  of  May,  1900,  notice 
thereof  having  been  duly  and  regularly  given  and  published  in  the 
manner  and  for  the  period  required  by  law,  and  after  the  result  of 
said  election  had  been  canvassed  and  declared  and  entered  in  the 
manner  and  as  retjuired  by  law. 

"It  is  further  certified  and  declared  that  all  the  provisions  and 
requirements  of  the  Constitution  of  the  State  of  California,  and  of  the 
laws  of  the  State  of  California,  and  of  the  Charter  and  Ordinances  of 
the  said  City  of  Stockton,  have  been  duly,  regularly  and  fully  complied 
with  by  the  proper  officers  in  the  issuing  of  this  bond,  and  that  the- 
total  indebtedness  of  said  City  of  Stockton,  including  the  indebtedness 
evidenced  by  this  issue  of  bonds,  does  not  exceed  the  limit  prescribed 
by  the  Constitution  and  laws  of  the  Stat-e  of  California. 

"In  witness  whereof  the  City  of  Stockton,  by  its  Mayor  and  City 
Council,  has  caused  and  authorized  its  Mayor  to  sign  hereto  the  name 
of  said  city,  its  City  Treasurer  to  sign  his  cwn  name  thereto,  and  its 
City  Clerk  to  countersign  the  same  and  affix  the  corporate  seal  of  the 
said  City  of  Stockton  on   this  tenth  day  of  September,  1900. 

"THE    CITY    OF    STOCKTON. 
[Seal  of  the  "By    , 

.    City  of  Stockton.]  "Mayor  of  Said  City. 


"Countersigned. 


"City  Treasurer  of  Said  City. 


"City  Clerk  of  Said  City." 
The   interest   coupons   attached    to   said   bonds   shall   be   substan- 
tially in  the  following  form  and  language: 

"Municipal  Improvement  Fund  No.   

"$ Bond  No.   Coupon  No.   

"The  City  of  Stockton  v/ill  pay  to  bearer  at  the  office  of  its  City 

Treasurer,  in  said  city,  on  the  tenth  day  of , dollai-TJ 

in  gold  coin  of  the  United  States  "for  interest  on  the  bond  aforesaid. 


"Treasurer  of   Said   City. 


Sec.  6.     The    Mayor,    Treasurer    and    City    Clerk    of    the    City   of 
Stockton  are  hereby  authorized  and  directed  to  sign  and  execute  all 


ORDINANCES.  115 


said  bonds  as  Df  the  date  of  September  10th,  1900,  and  the  said 
Treasurer  to  sign  all  said  interest  coupons  in  substantially  the  man- 
r^er  and  form  prescribed  in  Section  5  of  this  Ordinance. 

And  the  acts  of  each  of  them  in  so  doing  are  hereby  declared 
and  shall  be  construed  to  be  both  for  his  official  self  and  for  the  said 
City  of  Stockton.  The  Committee  on  Printing  of  said  City  Council 
is  hereby  authorized  and  directed  to  supervise  the  printing  and  execu- 
tion of  said  bonds  and  coupons. 

Sec.  7.  Said  bonds,  or  any  portion  of  them,  may,  be  sold  by  said 
City  Council  at  not  less  than  their  par  value,  and  at  either  private 
or  public  sale,  without  further  notice.  The  proceeds  of  the  sale  of  said 
bonds,  or  any  of  them,  sh:^ll  be  placed  in  the  treasury  of  said  city, 
to  the  credit  of  the  funds  hereby  designated  and  to  be  known  as 
Municipal  Improvement  Funds  Nos.  6  and  7. 

Sec.  8.  There  shall  be  levied  and  collected  annually  for  the 
term  of  forty  years  by  the  municipal  authorities  of  said  City  of 
Stockton  at  the  time  of  the  levy  and  collection  of  other  city  taxes, 
and  in  addition  to  all  other  taxes  levied  for  city  purposes,  a  special 
tax  sufficient  to  pay,  and  with  which  shall  be  paid  one-fortieth  (1-40) 
part  of  the  aggregate  amount  of  the  said  indebtedness  so  incurred 
lor  each  of  the  purposes  and  objects  aforesaid.  The  money  so  col- 
lected shal^  constitute  a  sinking  fund  for  the  payment  of  the  prin- 
cipal amount  of  said  indebtedne-«=!s  within  forty  years  from  the  time 
of  contracting  the  same,  md  so  that  said  indebtedness  may  be  wholly 
paid  on  or  before  the  tenth  day  of  September,  A.  D.  1940.  The  taxes 
BO  collected  shall  be  deposited  in  the  treasury  of  said  city  to  the  credit 
of  Municipal  Improvement  Funds  Nos.  6  and  7,  respectively,  and 
shall  be  applied  solely  to  the  payment  of  the  principal  and  interest 
t>f  said  bonds  as  the  same  fall  due. 

Sec.  9.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval.         

OT^DIXAXCE   No.   426. 

(Approved  September  19,  1906.)     O.  B.  7—110. 

Providing  for  the  Issue,  Sale  and  Redemption  of  Bonds  of  the  City 
of  Stockton  in  the  Amount  of  Forty  Thousand  Dollars  ($40,000), 
for  the  Acquisition,  Construction  and  Completion  by  Said  City 
of  Certain  Municipal  Improvements  in  Accordance  With  the 
Result  of  the  Special  Election  Held  in  Said  City  on  the  Thirty- 
First    Oay   of  July,    1906. 

Whereas,  Proper  steps  have  heretofore  been  taken  by  the  City 
Council  of  the  City  of  Stockton,  complying  with  the  requirements  of 
the  Act  of  the  Legislature  of  the  State  of  California,  which  became 
a  law  under  constitutional  provision,  without  the  Gk>vemor's  approval, 
February  :^5th,  1901,  authorizing  the  incurring  of  indebtedness  by 
cities  for  public  improvements,  and  complying  with  the  Charter  and 
Ordinances  of  the  City  of  Stockton;  and. 

Whereas,  At  a  special  election  held  in  the  City  of  Stockton  on 
the  thirty-first  day  of  July,  1906,  pursuant  to  the  laws  of  the  State 
of  California,  and  in  accordance  with  Ordinance  No.  419  of  said  city, 
the  said  city  has  been   authorized  to  incur  an  indebtedness  of  forty 


116  ORDINANCES. 


thousand  dollars   ($40,000)   for  the  purposes  hereinafter  set  forth,  and 
to  issue  bonds  to  the  amount  of  said  indebtedness; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  That  bonds  of  the  City  of  Stockton  in  the  amount  of 
forty  thousand  dollars  ($40,000)  be  issued  in  accordance  with  the 
])rovisions  of  the  Act  of  the  Legislature  of  the  State  of  California, 
which  became  a  law  under  constitutional  provision,  without  the 
Governor's  approval,  February  25th,  1901,  and  in  accordance  with 
the  Charter  and  Ordinances  of  the  said  City  of  Stockton,  and  the 
laws  of  this  State,  for  the  following  amounts  and  for  the  following 
purposes,  to-wit: 

First — Thirty  thousand  dollars  ($30,000)  for  the  construction  of 
rainwater  sewers  in  the  several  parts  of  the  city  wherever  necessary. 

Second — Ten  thousand  dollars  ($10,000)  for  the  construction  of 
sanitary  sewers  in  the  several  parts  of  the  city  wherever  necessary. 

Sec.  2.  Bonds  of  said  city,  evidencing  the  said  indebtedness, 
shall  be  issued  in  the  amount  of  forty  thousand  dollars  ($40,000),  of 
the   number,   denomincition   and   character   herein   designated. 

Sec.  3.  Said  bonds  shall  be  of  a  kind  known  as  serials,  and  for 
the  first  purpose  above  named  there  shall  be  issued  forty  (40)  bonds, 
each  for  seven  hundred  and  fifty  dollars  ($750.00),  and  bearing  inter- 
est coupons  each  for  fifteen  dollars  ($15.00).  Said  forty  (40)  bonds 
shall  be  numbered  consecutively  from  one  to  forty,  inclusive,  and 
be  divided  into  forty  (40)  series,  which  shall  be  numbered  from  one 
to  forty,  inclusive.  Series  one  shall  include  the  bond  numbered  one, 
and  each  succeeding  series  shall  include  the  bond  which  is  numbered 
consecutively  next  afier  the  bond  included  in  the  preceding  series. 
The  proceeds  of  the  sale  of  these  said  forty  (40)  bonds  shall  be 
placed  in  the  treasury  of  the  said  city  to  the  credit  of  a  fund  to  be 
known  as  Municipal  Improvement  Fund  number  eight  (8). 

For  the  second  purpose  above  named  there  shall  be  issued  forty 
(40)  bonds  each  for  two  hundred  and  fifty  dollars  ($250.00),  and 
bearing  interest  coupons  each  for  five  dollars  ($5.00);  said  forty  (40) 
bonds  shall  be  numbered  consecutively  from  one  to  forty,  inclusive, 
and  be  divided  into  forty  (40)  series,  which  shall  be  numbered  from 
one  to  forty,  inclusive.  Series  one  shall  include  the  bond  numbered 
one,  and  each  succeeding  series  shall  include  the  bond  which  is, 
numbered  consecutively  next  after  the  bond  included  in  the  preceding- 
series..  The  proceeds  of  the  sale  of  these  forty  (40)  bonds  shall 
be  placed  in  the  treasury  of  said  city  to  the  credit  of  a  fund  to  be 
known  as  Municipal  Improvement  Fund  number  nine   (9). 

Sec.  4.  One-fortieth  (1-40)  part  in  amount  of  the  bonds  evidenc- 
ing said  indebtedness  for  the  two  purposes  above  named  shall  be 
payable  on  the  first  day  of  November  of  each  year  until  said  indebted- 
ness for  that  purpose,  object  or  funds  shall  have  been  paid,  and 
Interest  upon  all  unpaid  amounts  at  the  rate  of  4  per  cent  per  annum, 
payable  semi-annually  on  the  first  day  of  May  and  the  first  day  of 
November  of  each  year.  Bach  of  the  interest  coupons  above  men- 
tioned shall  represent  six  months'  interest,  to  be  payable  to  bearer 
at  the  office  of  the  City  Treasurer  of  said  city,  and  the  number  of 
the  coupons  attached  to  each  bond  shall  be  equal  to  at  least  twice 
the  number  of  years  the  bond  has  to  run  before  due. 


ORDINANCES.  "  11' 


Sec.  5      The  form  and  language  of  all  said  bonds  shall  be  substan- 
tially as  follows; 

"State  of  California,  United  States  of  America.  Bond  of  the 
City  of  Stockton. 

•'Bonds  No.    Senes   No.   

"On  the  first  day  of  November,  A.  D.  1906,  the  City  of  Stockton, 
a  municipal  corporation  in  the  County  of  San  .Joaquin,  State  of  Cali- 
fornia, will  pay  to  bearer,  at  the  office  of  the  City  Treasurer  of  the 
raid  City  of  Stockton,  the  sum  of dollars  ($ ), 

with  interest  thereon  from  date  at  the  rate  of  4  per  cent  per  annum, 
payable  semi-annually  on  the  first  day  of  May  and  the  first  day  of 
November  of  each  calendar  year  from  date  hereof,  at  the  office  of  the 
City  Treasurer  of  the  said  Citj^  of  Stockton,  on  presentation  and  sur- 
render of  ^he  proper  interest  coupon  hereto  attached.  Principal  and 
interest  payable  in  gold  coin  of  the  United  States. 

"This  bond  and  the  series  to  which  it  belongs  are  issued  by  the 
City  Council  .of  the  City  of  Stockton  under  and  in  pursuance  of  and  in 
conformity  with  an  Act  of  the  Legislature  of  the  State  of  California, 
which  became  a  law  under  constitutional  provision,  without  the 
Governor's  approval,  February  2.5,  1901,  authorizing  and  incurring 
indebtedness  by  cities  for  the  construction  of  public  improvements. 

"And  it  is  hereby  certified  and  declared  that  all  of  the  require- 
ments of  law  and  of  the  City  Charter  and  Ordinances  of  the  City  of 
Stockton  have  been  fully  complied  with  by  the  proper  ofiicers  in  the 
issuing  of  ;his  bond;  that  this  issue  of  bonds  has  been  authorized  by 
a  vote  of  more  than  two-thirds  of  the  duly  qualified  electors  of  said 
•city,  voting  on  the  question  of  the  issuance  of  this  bond  at  a  special 
election  duly  and  regularly  called  and  held  in  said  City  of  Stockton 
on  Tuesday,  the  thirty-first  day  of  July,  1906,  notice  thereof  having 
been  duly  and  regularly  given  and  published  in  the  manner  and  for  c 
period  required  by  law,  and  after  the  result  of  said  election  had  been 
canvassed  and  declared  and  entered  in  the  manner  and  as  required 
by  law. 

"It  is  further  certified  and  declared  that  all  the  provisions  and 
requirements  of  the  Constitution  of  the  State  of  California,  and  of 
the  Charter  and  Ordinances  of  the  said  City  of  Stockton,  have  been 
duly,  regularly  and  fully  complied  with  by  proper  officers  in  the 
issuing  of  this  bond,  and  that  the  total  indebtedness  of  the  said  City 
of  Stockton,  including  the  indebtedness  evidenced  by  this  issue  of 
bonds,  does  not  exceed  the  limit  prescribed  by  the  Constitution  and 
laws  of  the  State  of  California. 

"In  witness  whereof  the  City  of  Stockton,  by  its  Mayor  and  City 
Council,  has  caused  and  authorized  its  Mayor  to  sign  hereto  the  name 
of  the  said  city,  its  City  Treasurer  to  sign  his  own  name  thereto,  and 
its  City  Clerk  to  countersign  the  same  and  affix  the  corporate  seal  of 
The  said  City  of  Stockton  on  this  first  day  of  November,  1906. 

"THE  CITY  OF  STOCKTON. 

"By 

"Mayor  of   Said  City. 


'City  Treasurer  of  Said  City. 
'CountersigTLed.  

"City  Clerk  of  Said  City." 

The  interest  coupons  attached  to  said  bond  shall  be  substantially 
in  the  following  form; 


118  ORDINANCES. 


"Municipal  Innprovement  Fund  No. 

"$ Bond  No.   Coupon  No.   

"TTie  City  of  Stockton  will  pay  to  bearer,  at  the  office  of  its  City 

Treasurer  in  said  city,  on  the   __   day  of   , 

dollars,  gold  coin  of  the  United  States,  for  interest  on  the 

bond  aforesaid.  , 

"Treasurer  of  Said  City." 

Sec.  6.  The  Mayor,  Treasurer  and  City  Clerk  of  the  City  of 
Stockton  are  hereby  authorized  and  directed  to  sign  and  execute 
all  of  said  bonds,  and  the  City  Treasurer  tO'  sign  all  said  interest 
coupons  in  substantially  the  manner  and  fonn  prescribed  in  Section  & 
of  this  Ordinance,  and  the  acts  of  each  of  them  in  so  doing  are  hereby 
declared  and  shall  be  considered  to  be  both  far  his  official  self  £ind  for 
[he  said  City  of  Stockton.  The  committee  of  said  City  Council  is 
hereby  authorized  and  directed  to  supervise  the  printing  and  execu- 
tion of  said  bonds  and  coupons. 

Sec.  7.  Said  bonds,  or  any  portion  of  them,  may  be  sold  by  said 
City  Council  at  not  less  than  their  par  value,  and  at  either  public  or 
private  sale,  without  further  notice.  The  proceeds  of  the  sale  of  the 
F.aid  bonds,  or  any  of  them,,  shall  be  placed  in  the  treasury  of  said 
city,  to  the  credit  of  the  funds  hereby  designated  and  to  be  known 
as  Municipal  Improvement  Pounds  Nos.  8  and  9,  in  the  following 
amounts:  Thirty  thousand  dollars  ($30,000)  in  Fund  number  eight  (8),. 
and  ten  thousand  dollars   ($10,000)  in  Fund  number  nine   (9). 

Sec.  8.  There  shall  be  levied  and  collected  annually  for  the 
term  of  forty  years  by  the  municipal  authorities  of  said  City  of 
Stockton,  at  the  time  of  the  levy  and  collection  of  other  city  taxes, 
and  in  addition  to  all  other  taxes  levied  for  city  purposes,  a  special* 
tax  sufficient  to  pay,  and  with  which  shall  be  paid,  one-fortieth  (1-40) 
part  of  the  aggregate  amount  of  said  indebtedness  so  incurred 
for  the  purposes  r'.nd  objects  aforesaid.  The  money  so  col- 
lected shall  constitute  a  sinking  fund  for  the  payment  of 
the  principal  amount  of  said  indebtedness  within  forty  years  from 
the  time  of  contracting  the  same,  so  that  said  indebtedness  may  be 
wholly  paid  on  or  before  the  first  day  of  November,  A.  D.  1946.  The 
taxes  so  collected  shall  be  deposited  in  the  treasury'  of  said  city  to 
the  credit  of  Municipal  Improvement  Funds  numbers  eight  (8)  and 
nine  (9),  respectively,  and  shall  be  applied  solely  to  the  payment  of 
the  principal  and  interest  of  said  bonds  as  the  same  fall  due. 

Sec.  9.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

OKDINANOE   No.   434. 

(Approved  December  24,  1906.)     O.  B.  7—127. 

An  Ordinance  Providing  for  the  Issuance,  Sale  and  Redemption  of 
Bonds  of  the  City  of  Stockton,  in  the  Amount  of  One  Hundred 
and  Eighty-Seven  Thousand  ($187,000)  Dollars,  for  the  Acquisi- 
tion, Construction  and  Completion  by  Said  City  of  Certain  Munici- 
pal Improvements  Necessary  and  Convenient  to  Carry  Out  the 
Objects,  Purposes  and  Powers  of  the  Municipality,  Namely,  the 
Paving  With  Asphaltum  of  Certain  Improved  Streets  in  Said 
City  Set  '^^'orth  in  This  Ordinance,  in  Accordance  With  the  Result 
of  the  Special  Election  Held  in  Said  City  on  Thursday,  the  Eighth 
Day   of    November,    1S06. 

Whereas,  Proper  steps  have  heretofore  been  taken  by  the  City 
Council  of  the  City  of  Stockton  complying  in  every  respect  with  the 


ORDINANCES  119 


requirements  of  the  Act  of  the  Legislature  of  the  State  of  California, 
which  became  a  law  under  constitutional  provision,  without  the  Gov- 
ernor's approval,  February  21st,  1901,  and  with  the  Charter  and 
Ordinances  of  the  City  of  Stockton,  and  with  the  Constitution  and  laws 
of  the  State  of  California,  authorizing  the  incurring  of  indebtedness 
by  cities  for  municipal  improvements;   and, 

Whereas,  The  question  of  incurring  an  indebtedness  of  one  hun- 
dred and  eighty-seven  thousand  ($iS7,0n0)  dollars,  and  issuing  bonds 
therefor  for  the  purpose  of  the  acquisition,  construction  and  comple- 
tion by  the  City  of  Stockton  of  certain  municipal  improvements  to-wit: 
The  paving  with  asphaltum  of  the  following  improved  streets  in  the 
City  of  Stockton:  El  Dorado  street,  from  Weber  avenue  to  Norcu 
street;  California  street,  from  Main  street  to  North  street;  Main 
street  intersections,  from  El  Dorado  to  and  including  Sacramento 
street;  Main  street,  from  Sacramento  to  East  street;  Market  street. 
from  Center  street  to  East  street;  San  Joaquin  street,  from  Main 
street  to  Taylor  street:  Center  street,  from  Weber  avenue  to  Hazel- 
ton  avenue;  Center  street,  from  Scott's  avenue  to  South  street, 
and  Channel  street,  from  El  Dorado  street  to  American  street,  has 
been  regularly  and  legally  submitted  to  the  qualified  electors  of  said 
city  at  a.  special  election  held  therefor,  and  for  that  purpose  only;  and. 

Whereas,  More  than  two-thirds  of  the  votes  cast  at  such  special 
election  were  cast  in  favor  of  incurring  said  indebtedness  and  of 
issuing  bends  therefor; 

Now.  therefore,  be  it  ordained  by  the  City  Council  of  the  City 
of  Stockton  as  follows: 

Section  1.  The  City  of  Stockton  shall  incur  an  indebtedness  of 
one  hundred  and  eight} -seven  thousand  ($187,000)  dollars  for  the 
purpose  hereinbefore  specified,  and  bonds  of  said  city  evidencing  such 
indebtedness  fchall  be  issued  to  said  amount  of  the  number,  denomina- 
tion and  character  hereinafter  specified. 

Sec.  2.  That  bonds  of  the  City  of  Stockton  in  the  amount  of  one 
hundred  and  eighty-seven  thousand  ($187,000)  dollars  be  issued  in 
accordance  with  the  provisions  of  the  Act  of  the  Legislature  of  the 
State  of  California,  which  became  a  law  under  constitutional  provision, 
without  the  Governor's  approval,  February  25th,  1901,  and  is  entitled 
"An  Act  authorizing  the  incurring  of  indebtedness  by  cities,  towns 
and  municipal  corporations  for  municipal  improvements,  and  regulat- 
ing the  acquisition,  construction  or  completion  thereof,"  and  in  accord- 
ance with  the  Constitution  of  the  State  of  California,  the  Charter  and 
Ordinances  of  the  City  of  Stockton,  and  the  laws  of  this  State;  there 
shall  be  issued  for  said  purpose  one  hundred  and  sixty  (160)  bonds, 
each  for  one  thousand  (SI, 000)  dollars,  and  bearing  interest  coupons, 
each  for  twenty-five  ($25.00)  dollars,  and  forty  (40)  bonds,  each  for 
six  hundred  and  seventy-five  ($675.00)  dollars,  and  bearing  interest 
coupons,  each  for  sixteen  and  S7V2-100  ($16,871/2)  dollars;  said 
two  hundred  bonds  shall  be  numbered  consecutively  from  one  to  two 
hundred,  inclusive,  and  every  fifth  bond  shall  be  of  the  denomination 
of  six  hundred  and  seventy-five  ($675.00)  dollars. 

Said  bonds  shall  be  divided  into  forty  (40)  series,  numbered  from 
one  to  forty,  inclusive.  Series  one  shall  include  the  bonds  numbered 
irom  one  to  five,  inclusive,  and  each  succeeding  series  shall  include 
the  five  bonds  which  are  numbered  consecutively  next  after  those 
Included  in  the  preceding  series. 


120  ORDINANCES. 


Sec.  3.     Said  bonds  shall  be  substantially  in  the  following  form, 
to-wit: 

"State   of  California,   United   States   of  America. 

"Bond  of  the  City   of   Stockton. 

"Bond  No.  Series  No. $ 


"Municipal    Improvement    Fund    No.    Ten. 

"Asphaltum  Street  Bond. 

"On  the  first  day  of  February,  A.  D. ,  the  City  of  Stockton, 

a  municipal  corporation  in  the  County  of  San  Joaquin,  State  of  Cali- 
lornia,  will  pay  to  bearer  at  the  office  of  the  City  Treasurer  of  the 

r.aid  City  of  Stockton  the  sum  of dollars,  with  interest 

thereon  from  date  of  this  bond  at  the  rate  of  5  per  cent  per  annum, 
payable  semi-annually  on  the  first  day  of  February  and  the  first  day 
of  August,  at  the  office  of  the  City  Treasurer  of  said  City  of  Stockton, 
upon  the  presentation  and  surrender  of  the  proper  interest  coupon 
hereto  attached.  This  bond  ceases  to  bear  interest  when  due  unless 
presented  for  payment.  Principal  and  interest  payable  in  gold  coin 
of  the  United  States  of  America, 

"This  bond  and  the  series  to  which  it  belongs  are  issued  by  the 
City  Council  of  the  City  of  Stockton  under  the  provisions  of  an  Act 
of  the  Legislature  of  the  State  of  California  entitled  'An  Act  author- 
izing the  incurring  of  indebtedness  by  cities,  towns  and  municipal 
corporations  for  municipal  improvements,  and  regulating  the  acquisi- 
tion, construction  or  completion  thereof,'  which  became  a  law  under 
constitutional  provision,  without  the  Governor's  approval,  February 
25th,  1901.  And  it  is  hereby  certified,  and  declared  that  all  of  the 
requirements  of  the  Constitution  and  laws  of  the  State  of  California, 
and  of  the  City  Charter  and  Ordinances  of  the  City  of  Stockton,  have 
been  fully  complied  with  by  the  proper  officers  in  the  issuance  of  this 
bond;  that  this  issue  of  bonds  has  been  authorized  by  a  vote  of  more 
than  two-thirds  of  the  duly  oualii^ed  electors  of  said  city  voting  on  the 
question  of  such  issue  at  a  special  election  duly  and  regularly  called 
and  held  in  said  City  of  Stockton  on  Thursday,  the  eighth  day  of 
November,  1906,  for  that  purpose  only;  and  that  the  result  of  said 
election  has  been  duly  and  legally  canvassed  and  declared  as  required 
by  law,  and  that  the  total  amount  of  the  indebtedness  of  said  City 
of  Stockton  incurred  for  public  improvements,  including  the  amount 
incurred  by  this  issue  of  bonds,  dees  not  exceed  the  limit  prescribed 
for  the  issuance  of  bonds  of  municipalities  for  public  improvements 
by  the  Constitution  and  laws  of  the  State  of  California. 

"In  witness  whereof  the  said  City  of  Stockton,  by  its  Mayor  and 
City  Council,  has  caused  and  authorized  its  Mayor  to  sign  hereto  the 
name  of  said  city,  its  Treasurer  to  sign  his  own  name  thereto,  and  its 
City  Clerk  to  countersign  the  same  and  affix  the  corporate  seal  of 
i^aid  City  of  Stockton  on  this  the  first  day  of  February,  1907. 

"THE  CITY  OF  STOCKTON. 
"By   

"By  _ 


'Countersigned    by 


"As  Mayor  of  the   Said  City. 

—  —  —  —  —  —  -  —  —  -  —  -  —  -'  —  -————  —  -——---» 

"As    City    Treasurer. 
"As  City  Clerk  of  Said  City." 


ORDINANCES.  121 


The  interest  coupons  attached  to  said  bonds  shall  be  substantially 
in  the  following  form: 

"Municipal    Improvement    Fund    No.    Ten. 

"$ Bond    No,    Coupon   No.    

"On  the  first  day  of ,  A.  D. ,  the  City  of  Stocktor^ 

promises  to  pay  to  bearer,  at  the  oifice  of  the  City  Treasurer  of  said 

City  of  Stockton,  the  sum  of dollars,  in  gold  coin  of  the 

United  States  of  America,  for  semi-annual  interest  due  on  the  bond 
itforesaid.  » 

"As  Treasurer  of  Said  City." 

Sec.  4.  All  of  said  bonds  shall  be  dated  February  1st,  1907,  and 
shall  bear  interest  at  the  rate  of  5  per  cent  per  annum,  payable  semi- 
annually on  the  first  day  of  February  and  the  first  day  of  August, 
after  their  issue,  both  principal  and  interest  payable  in  gold  coin  of 
ihe  United  States  at  the  office  of  the  City  Treasurer  of  said  city, 
interest  coupons  payable  to'  bearer  shall  be  attached  to  said  bonds. 

One-fortieth  (1-40)  part  of  the  principal  of  said  indebtedness, 
together  with  the  interest  due  on  all  sums  unpaid  at  that  date,  shall 
be  paid  each  year;  and  there  shall  be  levied  and  collected  annually  for 
the  term  of  forty  years  by  the  municipal  authorities  of  said  City  of 
Stockton  at  the  time  of  the  levy  and  collection  of  other  city  taxes,  but 
in' addition  to  all  other  taxes  levied  for  city  purposes,  a  special  tax  suf- 
ficient to  pay,  and  with  which  shall  be  paid,  one-fortieth  part  of  the 
aggregate  amount  of  the  said  indebtedness  so  incurred  for  the  pur- 
poses aforesaid.  The  money  so  collected  shall  constitute  a  sinking 
fund  for  the  payment  of  the  principal  amount  of  said  indebtedness 
within  forty  years  from  the  time  of  contracting  the  same,  and  so  that 
the  said  indebtedness,  both  principal  and  interest,  may  be  wholly  paid 
on  or  before  the  first  day  of  February,  A.  D.  1947. 

The  taxes  so  collected  shall  be  deposited  in  the  treasury  of  said 
city  to  Ihe  credit  of  Municipal  Improvement  Fund  No.  10,  and  shall 
be  applied  wholly  to  the  payment  of  the  principal  and  interest  of  said 
bonds  as  the  same  fall  due. 

Sec.  5.  The  Mayor,  Treasurer  and  City  Clerk  of  the  City  of 
Stockton  are  hereby  authorized  and  directed  to  sign  and  execute  all 
of  said  bonds  as  of  date,  February-  1st,  1907,  and  the  City  Treasurer 
r.hall  sign  all  of  said  interest  coupons  in  substantially  the  manner  and 
form  prescribed  in  Section  3  of  this  Ordinance.  And  the  acts  of  each 
cf  them  in  so  domg  shall  be  declared  and  shall  be  construed  to  be  both 
for  his  official  self  and  for  the  said  City  of  Stockton.  The  Committee 
on  Printing  of  this  City  Council  is  hereby  authorized  and  directed  to 
i^uperv'ise  the  printing  and  execution  of  the  said  bonds  and  coupons. 

Sec.  6.  Said  bonds  or  any  portion  of  them  may  be  sold  by  said 
City  Council  at  not  less,  than  their  par  value,  and  at  either  private 
or  public  sale,  without  further  notice.  The  proceeds  of  the  sale  of  said 
bonds,  or  any  of  them,  shall  be  placed  in  the  treasury  of  said  City  of 
Stockton  to  the  credit  of  the  fimd  hereby  designated  and  to  be  known, 
as  Municipal  Improvement  Fund  No.  10. 

Sec.  7.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


MISCELLANEOUS. 


OK  1)1  NANCE  No.  22. 

Prescribing   the    Rates    of    Fare    That    May    Lawfully    Be    Charged    b/ 

Hackmer   and   Others. 

(Being  originally  No.  81,  approved  December  14,  1878.) 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  aa 
follows: 

Section  1.  The  rate  of  fare  for  carriages,  hacks  or  cabs  shall, 
not  exceed  the  following  rates,  -s^hich  shall  include  one  hundred  poundti 
of  baggage  for  each  person* 

For  one  person,  one  mile  or  less,  $1.00. 

For  two  or  more  persons,  one  mile  or  less,  $2.00. 

For  each  additional  mile,  for  each  passenger,  50  cents. 

For  four  persons  or  less,  when  engaged  by  the  hour,  including^ 
detention,  $3.00. 

For  each  subsequent  hour,  $2.00. 

Thirteen  blocks  shall,  in  computing  the  distance,  be  considered 
as  one  mile. 

Om':iibuses,  stages,  express  wagons  and  other  vehicles  shall  be 
allowed  to  charge  and  receive  not  more  than  one-third  of  the  above 
rates. 

Sec.  2.  With  each  license  the  City  Collector  shall  deliver  a  num- 
ber and  keep  a  record  thereof,  which  said  number  shall  be  placed  in  a 
conspicuous  place  on  each  vehicle  so  licensed,  in  addition  to  which 
each  vehicle  used  for  passengers  shall  keep  conspicuously  inside  suck 
vehicle  a  printed  copy  of  the  rates  authorized  by  this  Ordlance. 


ORDINANCE    No.    466. 

(Approved  April   6,  i90S.)      0-  B.  7— 1S9. 

Fixing  Water  Rates  That  May  Be  Charged  by  Any  Person,  Company 
or  Corporation  in  This  State  for  the  Use  of  Water  Supplied  to  the 
City  of  Stockton,  or  the  Inhabitants  Thereof,  for  the  Year  Conn- 
mencing  July  1st,  1908. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  That  the  rates  of  compensation  that  may  be  collected 
by  any  person,  company  or  corporation  in  this  State  for  the  use  of 
water  supplied  to  the  City  of  Stockton,  or  the  inhabitants  thereof,  for 
the  year  commencing  on  the  first  day  of  July,  1908,  are  hereby  estal:;- 
lished  as  follows: 

1.  For  every  tenement  and  dwelling-house,  if  not  exceeding  three 
living-rooms,  occupied  by  a  single  family,  forty  (40)   cents  per  month. 

2.  For  every  tenement  and  dwelling-house,  if  not  exceeding  four 
living-rooms,  occupied  by  a  single  family,  fifty  (50)  cents  per  month. 

3.  For  every  tenement  and  dwelling-house,  if  not  exceeding  five 
living-rooms,  occupied  by  a  single  family,  sixty   (60)  cents  per  month. 

4.  For  every  tenement  and  dwelling-house,  if  not  exceeding  six 
living-rooms,  occupied  by  a  single  family,  seventy  (70)  cents  per  month. 

5.  For  every  tenement  and  dwelling-house,  if  not  exceeding  seven. 
living-rooms,  occupied  by  a  single  family,  eighty  (80)  cents  per  month:. 


ORDINANCES.  J.Jl 


6.  For  every  tenement  and  dw'ellins:-house,  if  not  exceeding  eight 
living-rooms,  occupied  by  a  «ingle  family,  ninety  (90)  cents  per  month. 

7.  For  every  tenement  and  dwelling-house  of  over  eight  rooms, 
occupied  by  a  single  fan-ily,  for  each  additional  room,  ten  (10)  cents 
per  month. 

8.  For  small  families,  occupying  rooms  on  upper  stories  or  floors, 
f  fty  (50)  cents  per  month. 

9.  For  lodging-houses,  in  addition  to  family  rates,  for  each  bed,. 
ten  (10)  cents  per  month. 

10.  For  private  boarding-houses,  in  addition  to  family  rates,  for 
each  bed,  ten  (10)  cents  per  month. 

11.  For  hotels,  in  addition  to  family  rates,  for  each  bed. under 
fifty,  ten  (10)  cents  per  montn;  for  each  bed  over  fifty,  five  (5)  cents 
per  month. 

12.  For  restaurants  and  eating-houses,  one  ($1.00)  dollar  to  two 
and  a  half  ($2.50)  dollars  per  month. 

13.  For  saloons  and  sample-rooms,  one  and  a.  half  ($1.50)  dollars 
per  month. 

14.  For  wholesale  liquor-houses,  two   ($2.00)  dollars  per  month. 

15.  For  small  stores,  fifty  (50)   cents  per  month. 

16.  For  large  stores  and  warehouses,  one  ($1.00)  dollar  per  month. 

17.  For  rooms  (offices)  on  ground  floor,  fifty  (50)  cents  per  month.. 

18.  For  rooms  and  offices  on  upper  floor,  fifty  (50)  cents  per  month. 

19.  For  photograph  galleries,  three   ($3.00)   dollars  per  month. 

20.  For  drug  stores,  one  and  a  half  ($1.50)  dollars  per  month. 

21.  For  fountains  in  drug  stores,  or  elsewhere,  one  and  a  half 
($1.50)    dollars  per  month. 

22.  For  blacksmith,  wagon  or  horseshoeing  shops  with  one  fire,, 
seventy-five  (75)  cents  per  month. 

23.  For  each  additional  fire,  twenty-five  (25)  cents  per  month. 

24.  For  bakeries,  one  and  a  half  ($1.50)  dollars  per  month. 

25.  For  dentists'  offices,  one   ($1.00)   dollar  per  month. 

26.  For  banks,  churches,  halls,  private  schools,  etc.,  water  for 
ordinary  purposes,  one  ($1.00)  dollar  per  month. 

27.  For  pnnting  offices,  one   ($1.00)   dollar  per  month. 

28.  For  telegraph  officeS;  one  ($1.00)   dollar  per  month. 

29.  For  telephone  offices,  one  and  a  half  ($1.50)  dollars  per  month. 

30.  For  public  water  troughs,  two  ($2.00)   dollars  per  month. 

31.  For  barber  shops,  where  one  chair  is  used,  seventy-five  (75) 
cents  per  month. 

32.  For  each  additional  chair,  twentj^-five  (25)  cents  per  month. 

33.  For  iivery  and  feed  stables,  if  not  more  than  ten  stalls,  in- 
cluding water  for  washing  vehicles,  two  and  a  half  ($2.50)  dollars  per 
month. 

34.  For  each  additional  stall,  over  ten  and  not  to  exceed  fifty,, 
fifteen   (15)   cents  per  month. 

35.  For  each  stall  over  fifty,  five  (5)  cents  per  month. 

36.  For  hack  stables,  for  each  hack  and  two  horses,  one  and  a  half 
($1.50)   dollars  per  month. 

37.  For  each  additional  horse,  twenty-five   (25)   cents  per  month. 

38.  For  private  stables  with  one  horse  and  carriage,  when  taken. 
Tvith  water  for  famil}-  use,  t^^enty-^lve  (25)  cents  per  month,  and 
automobiles  fifty  (50)   cents  per  month. 

39.  When  not  tak.en  with  water  for  family  use,  seventy-five  (75) 
cents  per  month. 

40.  For  each  additional  horse  or  for  a  cow,  fifteen  (15)  centJ^ 
per  month.  -' 


124  ORDINANCES. 


41.  For  ijlasterers,  for  each  barrel  of  lime  or  cement,  ten  (10) 
cents  per  barrel;  for  concrete  work,  for  each  barrel  of  cement,  ten  (10) 
cents  per  barrel. 

42.  For  water  used  to  make  mortar  or  for  dampening  bricks,  for 
each  1,000  bricks,  ten   (10)  cents  per  thousand. 

43.  For  each  water  closet  used  in  private  families,  when  taken 
with  water  for  family  use,  fifteen  (15)  cents  per  month. 

44.  When  not  taken  with  water  for  family  use,  only  one  closet, 
fifty  (50)  cents  per  month. 

45.  For  each  additional  closet,  when  not  taken  with  water  for 
family  use,  twenty-five  (25)  cents  per  month. 

46.  For  water  closets  used  in  hotels,  boarding  and  lodging-houses, 
private  schools,  saloons,  barber  shops  and  business  blocks,  where  only 
one  is  used,  one  ($1.00)  dollar  per  month. 

47.  For  each  additional  closet,  twenty-five   (25)   cents  per  month. 

48.  For  water  closets  used  in  stores,  offices,  churches,  halls,  etc., 
■under  public  or  private  control,  where  only  one  is  used,  fifty  (50) 
cents  per  month. 

49.  For  each  additional  closet,  twenty-five   (25)  cents  per  month. 

50.  For  public  urinals,  where  used  in  places  as  per  subdivision 
46,  fifty  (50)  cents  per  month. 

51.  For  urinals,  where  used  in  places  as  per  subdivision  48, 
fifteen  (15)  cents  per  month. 

52.  For  each  bathtub  used  in  private  families,  when  taken  with 
water  for  family  use,  fifteen  (15)  cents  per  month. 

53.  When  not  taken  with  water  for  family  use,  fifty  (50)  cents 
per  month. 

54.  For  public  bathtubs  used  in  bathing  establishments,  boarding- 
liouses  and  lodging-houses,  hotels  and  barber  shops,  where  only  one 
is  used,  one  ($1.00)  dollar  per  month. 

55.  For  each  additional  tub,  fifty  (50)   cents  per  month. 

56.  For  irrigation  or  sprinkling  lawns,  flowers,  shrubbery  or  grass 
plats,  including  walks  and  terraces,  but  excluding  streets,  sidewalks 
•and  driveways,  when  taken  continuously  with  water  for  family  use,  for 
€ach  square  vard,  $0.0025  per  month. 

57.  When  not  taken  continuously  with  water  for  family  use, 
$0,006  for  each  square  yard  per  month 

58.  When  not  taken  continuously,  and  without  water  for  family 
Tise,  $0.01  for  each  square  yard  per  month. 

59.  Laundries  and  Chinese  wash-houses  and  all  consumers  of 
large  quantities  of  water  not  scheduled,  shall  be  governed  by  the  fol- 
lowing meter  rates: 

RATES  OF  WATER  MEASTUiED  BY  METER  OR  OTHERWISE. 

60.  For  large  quantities  of  water  where  the  quantity  does  not 
exceed  20,000  gallons  per  month,  there  may  be  charged  for  each  lOOG 
gallons,  to  be  ascertained  by  meter  or  otherwise,  twenty-five  (25) 
cents  per  month. 

61.  For  quantities  from  20,000  to  50,000  gallons,  for  each  1,000 
gallons  in  excess  of  20,000,  fifteen  (15)   cents  per  month. 

62.  For  quantities  from  50,000  to  1,000,000  gallons,  for  each  1,000 
gallons  in  excess  of  50,000,  ten   (10)   cents  per  month. 

63.  For  quantities  of  more  than  1,000,000  gallons  per  month,  for 
•each  1,000  gallons,  ten  (10)  cents  per  month. 

64.  The  minimum  meter  rate  for  meter  consumers  is  hereby  fixec! 
rat  one  ($1.00)  dollar  per  month. 


ORDINANCES.  12f 


or; 


Sec.  2.  Water  supplied  for  the  Free  Public  TJbrary,  the  public 
schools,  engine-houses,  streets,  sewers,  squares  and  wharves  of  the 
City  of  Stockton  shall  be  included  in  estimating  the  number  of  gallons 
of  water  supplied  to  said  city  per  month  under  this  Ordinance.  Water 
supplied  for  city  fire  hydrants  shall  not  be  included  in  estimating  the 
number  of  gallons  cf  water  supplied  to  the  city  per  month  under  this 
Ordinance,  but  the  city  shall  pay  the  sum  of  one  ($1.00)  dollar  per 
hydrant  per  month  for  water  furnished  for  fire  purposes  to  said  city. 

Sec.  3.  The  person  taking  water,  or  the  company  or  corporation 
supplying  water  as  hereinbefore  provided,  shall  have  the  power  in 
all  cases  to  ascertain  by  meter  the  quantity  of  water  used,  and  to  pay 
or  collect  the  compensation  provided  in  subdivisions  60  to  63,  inclusive, 
of  Section  1;  provided,  that  where  the  owner  demands  the  meter  he 
shall  pay  for  the  same  and  where  the  company  or  corporation  puts  in; 
the  meter  it  shall  pay  for  the  same. 

Sec.  4.  This  Ordinance  shall  take  effect  from  and  after  July 
1st,  190S.  

ORDIXANCE    Xo.    441. 

(Approved  May  15,  1907.)      O.  B.  7—154. 

An  Ordinance  Fixing  the  Minimum  Standard  Quality  and  Illuminating 
Power  of  Manufactured  Gas,  and  Fixing  the  Maximum  Rate  of 
Compensation  to  Be  Charged  by  Any  Person,  Company  or  Cor- 
poration Supplying  Gas  or  Electricity  for  Light  or  Other  Purposes 
to  the  City  of  Stockton  and  to  the  Inhabitants  Thereof  From 
July  1st,  1907,  to  June  30th,  1908,  and  Declaring  Certain  Acts  to 
Be  a  Misdemeanor 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  minimum  standard  quality  and  illuminating 
power  of  manufactured  gas  to  be  furnished  by  any  person  or  persons, 
iTrm,  company,  association  or  corporation,  to  be  used  in  the  City  of 
Stockton  for  any  and  all  illuminating  purposes  shall  be,  and  is  hereby 
established  at  nineteen  (19)  candles;  said  candle-power  and  heat  units- 
to  be  determined  by  the  City  Council  of  the  City  of  Stockton. 

Sec.  2.  That  for  the  period  commencing  on  the  first  day  of  July, 
1907,  and  ending  on  the  thirtieth  day  of  .June,  1908,  the  maximum 
rate  of  compensation  which  any  person  or  persons,  firm,  company, 
association  or  corporation  may  charge,  collect  or  receive  for  furnish- 
ing, distributing  or  delivering  manufactured  gas  to  the  City  of  Stock- 
ton or  the  inhabitants  thereof  for  illuminating,  heating  and  all  other 
purposes,  is  hereby  fixed  and  established  at  the  rate  or  price  of  one 
dollar  and  twenty-five  cents  ($1.25)  for  each  one  thousand  (1,000) 
cubic  feet  of  manufactured  gas,  and  in  this  proportion  for  each  frac- 
tional part  thereof;  provided,  that  the  minimum  price  for  such  fur- 
nishing of  manufactured  gas  for  any  one  month  shall  be  fifty  (50) 
cents. 

Sec.  3.  That  for  the  period  commencing  on  the  first  day  of  July, 
1907,  and  ending  on  the  thirtieth  day  of  June,  1908,  the  maximum 
rate  of  compensation  which  any  person  or  persons,  firm,  company, 
association  or  corporation  may  charge,  collect  or  receive  for  furnish- 
ing, distributing  or  delivering  natural  gas  to  the  City  of  Stockton,  or 
to  the  inhabitants  thereof  for  illuminating,  heating  and  all  other 
purposes,  is  "hereby  fixed  and  established  at  the  rate  or  price  of  ninety 


126  ORDINANCES. 


(90)  cents  for  each  one  thousand  (1,000)  cubic  feet  of  natural  gas> 
and  in  this  proportion  for  each  fractional  part  thereof;  provided,  that 
the  minimum  price  for  such  furnishing  of  natural  gas  for  any  on.e 
month  shall  be  fifty  (50)  cents. 

Sec.  4.  That  for  the  period  commencing  on  the  first  day  of  July, 
1907,  and  ending  on  the  thirtieth  day  of  .Tune,  1908,  the  maximum 
rate  of  compensation  which  any  person  or  persons,  firm,  company, 
association  or  corporation  may  charge,  collect  or  receive  for  furnishing, 
distributing  or  delivering  electric  light  or  electric  current  to  the 
City  of  Stockton  or  to  the  inhabitants  thereof  for  illuminating  pur- 
poses only,  is  hereby  fixed  and  established  at  the  rate  or  price  of  seven 
(7)  cents  per  kilowatt  hour  for  electric  current  furnished  for  illu- 
minating purposes;  provided,  that  the  minimum  rate  for  such  fur- 
nishing of  electric  current  for  illuminating  purposes  only  for  any  one 
month  shall  be  one  dollar  and  fifty  cents  ($1.50). 

Sec.  5.  That  for  the  period  commencing  on  the  first  day  of  July, 
3  907,  and  ending  on  the  thirtieth  day  of  June,  1908,  the  maximum 
rate  of  compensation  which  any  person  or  persons,  firm,  company, 
association  or  corporation  may  charge,  collect  or  receive  for  furnishing 
cr  distributing  or  delivering  electric  current  to  the  City  of  Stockton 
or  to  the  inhabitants  thereof  for  power  and  all  purposes  other  than 
illuminating  purposes,  is  hereby  fixed  and  established  at  the  rate  or 
price  of  four  (4)  cents  per  kilowatt  hour  for  electric  current  furnished 
for  power  and  all  other  than  illuminating  purposes. 

Sec.  6.  The  maximum  rate  or  price  in  this  Ordinance  specified 
shall  be  the  minimum  rate  or  price  for  the  furnishing,  distributing  or 
delivery  of  said  natural  or  manufactured  gas  andi  of  said  electric 
current,  and  shall  be  deemed  compensation  for  and  shall  include  all 
rentals,  interest,  labor,  uses  or  services  of  whatever  kind  employed 
in  the  manufacture,  furnishing,  distributing  or  delivery  of  said  natural 
or  manufactured  gas  or  of  sain  electricity  or  electric  current,  by  what- 
ever means,  including  the  use  of  meters. 

Sec.  7.  Any  person,  firm  or  corporation  engaged  in  the  business 
cf  supplying  natural  or  manufactured  gas,  or  both,  or  electric  light  or 
electric  current  for  lighting  or  other  purposes  to  the  City  of  Stockton 
or  to  its  inhabitants,  or  any  officer,  agent,  collector  or  employe  of  such 
person,  firm  or  corporation,  who  ^hall  charge,  demand,  collect  or 
receive  any  rate  or  compensation  for  natural  or  manufactured  gas  or 
lor  electric  light  or  for  electric  current  for  lighting  or  other  puri)oses, 
Ji'upplied  during  the  year  commencing  July  1st,  1907,  and  ending  June 
30th,  1908,  to  the  City  of  Stockton  or  to  any  of  the  inhabitants  thereof, 
in  excess  of  the  rate  fixed  by  this  Ordinance,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punishable 
by  a  fine  not  to  exceed  one  hundred  and  fifty  dollars  ($150),  or  by 
imprisonment  in  the  County  Jail  of  the  County  of  San  Joaquin  or  the 
City  Prison  of  the  City  of  Stockton,  for  a  period  not  to  exceed  one 
hundred  and  fifty  (150)  days,  or  by  both  such  fine  and  imprisonment, 
or  by  cuch  fine,  with  the  alternative  on  default  of  the  payment 
thereof,  of  such  imprisonment  at  the  rate  of  one  (1)  day  for  each 
dollar  of  fine  imposed. 

Sec.  8.  It  shall  be  a  violation  of  the  provisions  of  this  Ordinance 
if  the  minimum  standard  quality  and  illuminating  power  of  manufac- 
tured gas  used  for  illuminating  purposes  shall  be  less  than  the  candle- 
power  above  described,  to  furnish,  distribute  or  deliver  such  gas  at  the 
rates  or  prices  above  specified,  and  any  person,  firm  or  corporation,  or 
any  officer,  agent,  collector  or  employe  of  such    person,    firm    or    cor- 


ORDINANCES.  127 


poratTon  who  shall  furnish,  distribute  or  deliver  such  gas  at  the  rates 
or  prices  above  specified,  shall  te  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punishable  as  provided  in  Section 
7  of  this  Ordinance. 

Sec.  9.  This  Ordinance  shall  take  effect  from  and  after  July  1st, 
1907. 

ORDIXAN()E    No.    217. 

(Approved  May  11,  1898.) 

Providing  for  the  Exhumation  and  Removal  of  Human  Remains  From 
Cemeteries  Within  the  Limits  of  the  City  of  Stockton  in  Which 
No  Interments  of  Human  Remains  Have  Been  Made  for  Five  Years 
Last  Past. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Whereas,  Tt  is  deemed  to  be  to  the  best  interests  of 
the  City  of  Stockton  that  all  human  remains  interred  in  cemeteries 
within  ':he  limits  of  the  City  of  Stockton,  in  which  cemeteries  no 
interments  of  human  remains  have  been  made  for  a  period  of  five  years 
iast  past,  be  exhumed  and  removed  without  the  city. 

Sec.  2.  The  authorities  in  charge  of  such  cemeteries  are  hereby 
directed  to  at  or.ce  cause  exhumation  and  removal  to  be  made  by  the 
relatives  or  friends  cf  deceased  persons  interred  therein,  and  in 
case  of  the  neglect  or  refusal  of  such  relatives  or  friends  to  make  or 
cause  to  be  made  such  exhumation  and  removal,  the  authorities  in 
charge  of  such  cemeteries  are  directed  to  have  such  exhumation  and 
removal  made  without  delay. 

Sec.  3  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


ORDINANCE   No.    283. 

(Approved  February  21,  1901.) 

An  Ordinance  Creating  a  Police  Relief,  Health  and  Life  Insurance 
and  Pension  Fund  in  the  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  as  Provided  for  by  Law. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Under  the  provisions  of  Section  12  of  an  Act  of  the 
Legislature  of  the  State  of  California  entitled  "An  Act  to  create  a 
police  relief,  health  and  life  insurance  and  pension  fund  in  the  several 
counties,  city  and  counties,  city,  and  towns  of  the  State,"  approved 
March  4th,  1889,  it  is  hereby  ordered  and  directed  that  for  the  purpose 
of  said  police  relief  and  pension  fund  provided  for  in  said  Act  that 
there  be  annually  paid,  when  the  tax  levy  for  the  City  of  Stockton  is 
made,  into  the  said  police  relief  and  pension  fund  all  of  the  following 
moneys,  to-wit: 

First — Ten  per  centum  of  all  moneys  collected  and  received  from 
licenses  for  the  keeping  of  places  wherein  spirituous,  malt  or  other 
Intoxicating  liquors  are  sold. 

Second — On<^-half  of  all  money?-  received  from  taxes  or  from 
licenses  upon  dogs. 


128.  ORDINANCES. 


Third — All  moneys  received  from  fines  imposed  upon  the  mem*; 
bers  of  the  police  force  of  the  City  o£  Stockton  for  violation  of  the 
rules  and  regulations  of  the  Police  Department. 

Fourth — All   proceeds  of  sales  of  unclaimed   property. 

Fifth — One-half  of  all  moneys  received  from  licenses  from  pawn- 
brokers, billiard-hall  keepers,  second-hand  dealers  and  junk  stores. 

Sixth — All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in  money 
lor  violation  of  city   Ordinances.  , 

Eighth — All  rewards  given  or  paid  to  members  of  such  police 
force,  except  as  shall  be  excepted  by  the  Chief  of  Police. 

Ninth — The  Treasurer  of  the  City  of  Stockton  shall  retain  from 
the  pay  of  each  member  of  the  Police  Department  the  sum  of  $2.00 
per  month,  to  be  forthwith  paid  into  said  police  relief  and  pension 
iund,  and  no  other  or  further  retention  or  deduction  shall  be  made 
from  such  pay  for  any  other  fund  or  purpose  whatever. 

Sec.  2.  The  respective  official  custodians  of  the  moneys  men- 
tioned in  Section  1  of  this  Ordinance  are  hereby  ordered  and  directed 
to  make  payment  'hereof  into  the  police  relief  and  pension  fund,  as 
directed  by  Section  1  of  this  Ordinance. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval 

ORDINANCE   No.   424. 

(Approved  September  12,  1906.)     O.  B.  7—107. 

An  Ordinance   Providing  for  the  Appointment  of  a  Board  of  Trustees 
for  the  Disbursement  of  the  Exempt  Firemen's  Relief  Fund. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton,  County 
of  San  .Joaquin,  State  of  California,  as  follows: 

Section  1.  The  Mayor  shall,  within  ten  days  after  the  passage 
of  this  Ordinance,,  appoint  as  a  Board  of  Trustees  for  the  disbursement 
of  the  Exempt  Firemen's  Relief  Fund,  the  President,  Vice-President, 
Recording  Secretary,  Financial  Secretary,  and  Treasurer  of  the  Exempt 
3<^ire  Company  of  the  City  of  Stockton,  California,  which  officials  and 
their  successors  in  office  shall  perpetually  constitute  said  Board  of 
Trustees. 

Sec.  2.  Said  Board  shall  provide  for  the  disbursement  of  the 
amounts  set  aside  in  the  budget  of  municipal  expenditures  of  eacji 
fiscal  year,  for  the  relief  of  exempt  firemen,  and  shall  ascertain  and 
determine   the   beneficiaries   thereof  as   hereafter  directed. 

Sec.  3.  Each  Trustee  shall  qualify  by  taking  the  constitutional 
oath  of  office  at  the  commencement  of  his  term  of  office. 

Sec  4.  Said  Trustees  shall  organize  as  a  Board  and  elect  from 
their  number  a  President  and  Secretary,  who  shall  be  a  beneficiary. 
A  majority  of  said  Board  shall  constitute  a  quorum,  with  power  to 
transact  business.  The  members  and  the  President  of  said  Board 
shall  serve  without  compensation.  The  Secretary  shall  keep  a  record 
of  all  the  proceedings  of  the  Board  and  certify  to  all  demands  allowed 
by  the  said  Board.  .  . 


ORDINANCES.  129 


Sec.  5.  Said  Board  shall  enroll  all  exempt  firemen  who  are  resi- 
dents of  the  State  ot  California,  and  who  hold  a  duly  signed  certificate' 
of  exemption,  or  who  are  entitled  to  the  same,  for  services  rendered 
in  the  "Old  Volunteer  Fire  Department"  of  the  City  of  Stockton, 
California. 

Sec.  6.  The  Exempt  Firemen's  Relief  Fund  shall  be  applied  to 
the  relief  of  such  enrolled  firemen  as  are  physically  disabled  from 
earning  a  livelihood:  said  Board  shall  grant  to  such  disabled  firemen 
as  it  deems  just.  The  decision  of  said  Board  as  to  the  fact  and  dura- 
tion of  disability  and  the  amount  to  be  granted  shall  be  conclusive. 
Such  fund  shall  be  used  exclusively  for  the  purposes  herein  specified 
and  to  pay  the  necessary  expenses  for  stationery,  office  rent  and  Secre- 
tary's salary  for  said  Board.  The  relief  for  disability  shall  in  no  case 
exceed  the  sum  of  $25.00  per  month  to  any  member;  $50.00  may  be 
allowed  for  funeral  expenses  of  any  deceased  member,  and  the  ex- 
penses of  said  Board  for  stationery,  office  rent  and  Secretary's  salary 
shall  not  exceed  $20.00  per  month. 

Sec.  7.  All  demands  drawn  upon  the  Exempt  Firemen's  Relief 
Fund  shall  be  verified  by  the  claimant,  certified  to  by  the  Secretary 
of  the  Board  and  presented  to  the  Auditor  for  his  approval  and  signa- 
ture. 

Sec.  8.  The  Board  of  Trustees  shall  in  no  case  issue  any  demands 
which  in  the  aggregate  will  exceed  the  amount  of  the  fund  in  the 
budget. 

See.  9.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  final  passage  and  approval. 


ORDIXAXCE   No.   459.  ^ 

(Approved  November  25,  1907.)     O.  B.  7—175. 

An  Ordinance  Providing  for  the  Preservation  of  the  Navigation  of 
Stockton  Channel  by  Diverting  the  Waters  of  Mormon  Channel 
Into  the  San  Joaquin  River;  Authorizing  the  Leasing  of  Lands 
by  the  City  Therefor  (With  Option  to  Purchase  the  Same),  and 
Providing  for  the  Raising  and  Expenditure  of  Funds  to  Accomplish 
Such   Purpose. 

Whereas,  Stockton  Channel  is  a  navigable  stream,  navigable  for 
river  steamers,  schooners,  barges  and  smaller  craft,  from  the  west 
line  of  El  Dorado  street,  within  the  corporate  limits  of  said  city,  and 
running  thence  in  a  westerly  direction  to  the  San  Joaquin  River,  which 
river  empties  through  Carquinez  Straits  into  the  Bay  of  San  Francisco;  ' 
and, 

Whereas,  Said  Stockton  Channel  is  the  only  navigable  stream 
within  the  limits  of  the  City  of  Stockton  and  is  the  only  navigable 
stream  connecting  said  city  with  San  Francisco  and  other  seaport 
towns  along  San  Francisco  Ba}'  and  the  Pacific  Ocean;  and. 

Whereas,  Monnon  Channel  takes  its  source  as  a  freshet  stream 
at  the  town  of  Bellota,  in  this  county,  east  of  the  City  of  Stockton 
r-ibout  seventeen  miles,  and  carries  fiood  waters  from  the  mountains  in 
a  westerly  direction  through  the  limits  of  the  City  of  Stockton  into 
the  said  Stockton  Channel,  a  s^hort  distance  west  of  the  westerly 
limits  of  said  city;   and, 

Whereas,  Said  Mormon  Channel,  at  periods  of  high  water,  carries 
great  quantities  of  silt,  detritus,  sand  and  gravel  from  its  source  into 
the  Stockton  Channel,  there  depositing  the  same,  to  the  great  detriment 


130  ORDINANCES. 


of  navigation,  and  so  much  so  that  the  total  destruction  of  navigation 
of  said  channel  is  imminently  and  seriously  threatened,  and  it  is 
hereby  found  that  unless  immediate  relief  be  had  by  diverting  the 
waters  of  Mormon  Channel  away  from  Stockton  Channel,  so  as  to  stop 
the  accumulation  of  detritus,  debris,  sand  and  gravel  in  Stockton 
Channel,  that  the  navigation  of  said  last  mentioned  channel  will,  with 
the  first  ensuing  high  water  in  Mormon  Channel,  be  completely  blocked 
and  destroyed  at  and  below  the  point  w-here  the  Mormon  Channel 
tlow^s  into  the  Stockton  Cbannel;  and, 

Whereas,  The  continuance  of  the  navigation  of  Stockton  Channel 
ic  vitally  important  to  the  existence  and  continued  prosperity  of 
Stockton  as  a  city  and  :o  the  welfare  and  prosperity  of  each  of  its 
inhabitants;    and. 

Whereas,  The  destruction  of  the  navigation  of  Stockton  Channel 
will  lead  to  great  loss  of  property  values  in  said  city  for  taxable  pur- 
poses and  will  seriously  injure  the  future  of  Stockton  as  a  city  and 
the  business  interests  of  each  and  all  of  its  inhabitants,  and  will  com- 
pletely destroy  the  usefulness  of  the  navigable  waters  within  the  city 
limits  of  this  city  for  navigation  purposes;    and, 

Whereas,  It  is  found  as  a  fact,  to  the  satisfaction  of  the  City 
Council,  that  the  diversion  of  the  waters  of  Mormon  Channel  over  the 
lands  of  Reclamation  District  No.  404,  lying  north  of  the  embankment 
of  the  Santa  Fe  Railway  Company  in  said  district,  and  thus  allowing 
the  waters  from  Mormon  Channel  to  flow  into  the  San  Joaquin  River, 
and  not  into  the  Stockton  Channel,  will  save  the  navigation  of  Stock- 
ton Channel  until  such  time  as  the  diverting  canal  proposed  to  bo 
constructed  by  the  United  States  Government  from  a  point  about  three 
miles  east  of  Stockton  tc  the  San  Joaquin  River,  below  the  mouth  of 
Stockton  Channel,  shall  have  been  completed;  and. 

Whereas,  It  is  found,  as  a  matter  of  fact,  that  the  only  feasible 
and  safe  plan  of  saving  the  navigation  of  Stockton  Channel  froin 
complete  destruction  is  by  di-'^erting  the  v/aters  of  Mormon  Channel 
over  the  lands  of  Reclamation  District  No.  404,  which  lie  north  of  the 
Santa  Fe  Railway  Company's  embankment,  running  through  said  dis- 
trict, as  aforesaid,  and  from  thence  into  the  San  Joaquin  River;  and, 

Whereas,  The  matter  of  said  diversion  is  the  only  plan  of  improve- 
ment that  will  immediately 'relieve  the  situation  and  save  the  naviga- 
tion of  Stockton  Channel;    and. 

Whereas,  It  is  pro])Osed  to  cut  the  levee  surrounding  Reclamation 
District  No.  404  at  a  point  near  the  pumping  station  in  this  city,  to 
place  a  dam  across  Mormon  Channel  below  said  point,  and  to  turn 
the  waters  of  Mormon  Channel  over  the  lands  of  certain  property- 
owners  of  said  Reclamation  District,  and  from  thence  into  the  San. 
Joaquin  River;    and, 

Whereas,  It  is  proposed  that  the  city  lease  from  Frank  S.  Boggs 
and  Louise  E.  Boggs  a  tract  of  land  within  said  Reclamation  District 
No.  404,  consisting  of  about  eleven  hundred  acres,  for  the  purpose  of 
the  diversion  of  said  waters  of  Mormon  Channel  over  said  lands,  and 
for  a  period  of  two  years,  with  an  option  given  to  the  city  for  an 
extension  of  one  year  additional  ot  said  lease,  at  an  annual  rental  of 
iRlO.OOO  per  year  for  the  first  two  years  of  said  lease  and  $12,000  for 
the  third  year,  in  case  the  city  elects  to  extend  the  said  term  for  three 
years;   and, 

Whereas,  Business  interests  of  the  City  of  Stockton  have  agreed 
to  indemnify  the  owners  and  tenants  of  all  lands  situate  within  said 
Reclamation  District  No.  404  that  may  be  damaged  on  account  of  the 


ORDINANCES.  •  131 


cutting-  of  said  levee  by  the  City  of  Stockton  and  the  diversion  of  the 
waters  of  Mormon  Channel  over  the  lands  of  said  district,  and  have 
agreed  to  and  will  procure  the  consent  of  each  and  all  of  the  land- 
owners and  tenants  of  land  of  said  district  to  said  diversion,  and  will 
procure  a  written  release,  in  proper  form,  from  each  and  all  of  the 
owners  and  tenants  of  lands  in  said  district,  nirning  to  the  City  of 
Stockton,  a  municipal  corporation,  against  any  damages  or  claims  of 
damage  that  they  or  any  of  them  may  suffer  by  reason  of  said  diversion 
of  the  waters  of  Mormon  Channel,  and  the  said  business  interests  have 
procured  the  consent  of  the  authorities  of  the  United  States  to  th3 
damming-  of  Mormon  Channel  and  to  the  flowing  of  the  waters  of  said 
Mormon  Channel  over  the  lands  of  said  district,  and  will  procure  the 
consent  of  the  Trustees  of  Reclamation  District  No.  404  to  the  diver- 
sion of  said  waters  over  the  lands  of  said  district,  and  will  procure  a 
waiver  from  the  Trustees  of  said  district  against  any  claim  of  damag^e 
that  may  be  suffered  by  the  said  district  on  account  of  injury  to  the 
levee  or  works  of  said  district  by  reason  of  the  diversion  of  the  said 
waters  of  Mormon  Channel,  and  will  procure  the  consent  of  the  Topeka 
and  Santa  Fe  Railway  Company  to  the  flowing-  of  the  waters  of  Mor- 
mon Channel  over  the  lands  of  said  district  and  against  the  embank- 
ment upon  which  is  laid  the  main  line  of  railway  of  said  company, 
running  through  said  district  from  the  City  of  Stockton  in  a  westerly 
direction,  towards  the  City  of  San  Francisco,  provided  the  City  of 
Stockton  will  pay  or  cause  to  be  paid  out  of  the  general  fund  of 
said  city  for  the  year  190S  the  sum  of  $3,000,  to  be  used  by  t.h«  said 
company  in  the  corrstruction  of  wing  dams  and  in  the  strengthening 
of  said  embankment  along  the  right-of-way  of  said  railway  as  aforesaid, 
and  will  procure  the  consent  of  the  Southern  Pacific  Company  to  the 
diversion  of  said  waters  over  the  lands  of  said  district;  provided  the 
City  of  Stockton,  at  the  time  of  the  termination  of  its  use  of  said 
lands  for  the  purpose  aforesaid,  will  pay  to  the  Southern  Pacific  Com- 
pany an  amount  of  money  not  exceeding  $2,500  for  the  repair  of  any 
damage  that  may  be  done  to  the  said  railway  track  and  embankment 
of  said  company  running  over  a  portion  of  said  Reclamation  District 
upon  which  it  is  proposed  to  divert  the  waters  of  said  channel,  provided 
the  track  or  embankment  of  said  company  shall  have  been  damaged 
during  the  period  that  said  waters  are  allowed  to  flow  over  the  lands 
of  said  district,  and  said  business  interests  have  agreed  to  and  will 
procure  an  agreement  of  lease  from  Frank  S.  Boggs  and  Louise  E. 
Boggs  to  the  City  of  Stockton  of  said  tract  of  land  in  said  district 
above  mentioned  for  the  period  of  two,  with  an  option  to  the  city  of 
three  years'  rental,  at  the  following  annual  rental  and  in  the  following 
installments,  to-wit: 

One  thousand  ($1,000)  dollars  on  the  execution  of  said  lease;  forty- 
five  hundred  ($4,500)  dollars  on  the  first  day  of  July,  1908,  and  forty- 
five  hundred  ($4,500)  dollars  on  the  first  day  of  October,  1908;  one 
thousand  ($1,000)  dollars  on  the  fifteenth  day  of  October,  1908;  forty- 
five  hundred  ($4,500)  dollars  on  the  first  day  of  July,  1909,  and  forty- 
five  hundred  ($4,500)  dollars  on  the  first  day  of  October,  1909;  one 
thousand  ($1,000)  dollars  on  the  fifteenth  day  of  October.  1909;  fifty- 
five  hundred  ($5,500)  dollars  on  the  first  day  of  July,  1910,  and  fifty- 
five  hundred  ($5,500)  dollars  on  the  first  day  of  October,  1910,  pro- 
vided the  said  city  elects  to  take  the  land  for  the  third  year;  and. 

Whereas,  As  a  i)art  of  said  lease-contract  the  said  Frank  S.  Boggs 
and  Lx)uise  E.  Boggs  have  given  an  option  to  the  City  of  Stockton  for 
the  period  of  one  year  from  November  8th,  1907,  for  the  purchase  of 
his  said  land,  consisting  of  about  900  acres,  and  have  agreed  that  the 


132  ORDINANCES. 


rentals  paid  on  said  lease  shall  be  credited  upon  the  purchase  price, 
in  case  the  City  of  Stockton  shall  elect  within  the  said  period  of  one 
year  to  purchase  the  same;   and, 

Whereas,  It  is  proposed  that  the  City  of  Stockton,  a.  municipal 
corporation,  is  to  pay  the  expense  of  constructing-  a  dam  across  Mor- 
mon Channel,  at  or  near  the  pumping  station  in  said  city,  estimated 
at  a  cost  of  seventy-five  hundred  ($7,500)  dollars,  and  is  to  cut  the 
ievee  of  Reclamation  District  No.  404  immediately  above  the  said  dam, 
at  a  cost  estimated  at  twelve  hundred  ($1,200)  dollars,  and  is  to  pur- 
chase and  install  a  pumping  plant  at  an  estimated  cost  of  twenty-five 
hundred  ($2,500)  dollars,  and  is  to  operate  the  same  at  an  estimated 
cost  of  fifteen  hundred  ($1,500)  dollars  per  annum  in  pumping  off  any 
waters  that  may  seep  through  the  embankment  of  the  Santa  Fe  Rail- 
way Company  upon  the  lands  of  said  district  south  thereof,  and  the 
said  city  is  to  remove  said  dam  that  may  be  placed  in  Mormon  Chan- 
nel, at  an  estimated  expense  of  fifteen  hundred    ($1,500)    dollars. 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  It  is  hereby  declared  that  the  proposed  diversion  of 
the  waters  of  Moraion  Channel  over  the  lands  of  Reclamation  District 
No.  404,  lying  north  of  the  embankment  of  the  Santa  Fe  Railway^ 
Company  on  said  lands,  and  from  thence  into  the  San  Joaquin  River, 
is  a  public  necessity  and  is  a  matter  of  great  urgency,  and  unless  the 
same  is  done  at  once,  the  navigation  of  Stockton  Cnannel  will  be  per- 
manently destroyed. 

Sec.  2.  It  is  hereby  declared  that  the  destruction  of  the  navigation 
of  Stockton  Channel  will  result  in  groat  and  permanent  injury  to  the 
propertj'  of  the  City  of  Stockton  as  a  municipal  corporation,  andi  will 
greatly  decrease  the  value  of  property  in  said  city  for  taxable  purposes 
and  will  destroy  the  navigation  of  all  navigable  waters  within  said 
city  and  will  result  in  permanent  and  serious  damage  and  detriment 
to  the  City  of  Stockton  and  to  the  inhabitants  thereof. 

Sec.  3.  For  the  purpose  of  carrying  out  the  work  of  diverting  the 
waters  of  Mormon  Channel  over  the  lands  of  Reclamation  District 
No.  404,  lying  north  of  the  embankment  of  the  Santa  Fe  Railway  Com- 
pany, and  from  thence  into  the  San  Joaquin  River,  and  thus  preseiwing 
the  navigation  of  Stockton  Channel,  it  is  hereby  provided  that  in  case 
the  business  interests  mentioned  in  the  preamble  to  this  Ordinance 
shall  comply  with  all  the  conditions  named  therein  to  be  performed 
by  them,  including  all  the  conditions  named  in  the  opinion  of  the  Cit7 
Attorney,  of  date  October  23d,  1907,  and  in  that  event  only,  the  City 
of  Stockton  does  now  and  hereby  direct  and  empower  the  Mayor  of 
said  city,  in  the  name  of  and  as  the  act  of  said  city,  to  secure  and 
execute  a  written  lease  of  the  tract  of  land  containing  about  eleven 
hundred  acres,  situate  in  said  district,  lying  north  of  the  embankment 
of  the  Santa  Fe  Railway  Compan^'^  on  said  lands,  and  belonging-  to 
Frank  S.  Boggs  and  Louise  E.  Boggs,  from  said  parties  to  said  city, 
for  the  term  of  two  years,  with  an  option  to  the  said  city  for  the  exten- 
sion of  said  term  for  one  year  more,  upon  the  annual  rental  and  in  the 
installments  set  forth  in  the  preamble  hereto,  in  which  said  lease 
there  shall  be  included  an  option  from  the  said  Frank  S.  Boggs  and 
Ivouise  E.  Boggs  to  the  City  of  Stockton  for  the  purchase  of  his  900- 
acre  tract  of  said  lands  at  any  time  within  the  period  of  one  year  from, 
the  eighth  day  of  November,  1907,  at  the  agreed  price  of  one  hundred 
fifty  ($150)  dollars  per  acre;  and  providing,  further,  that  any  payments 
of  rental  under  said  lease  shall  be  credited  upon  the  purchase  price 
of  said  lands  should  the  city  elect  to  purchase  the  same  during  the 


ORDINANCES.  133 


period  of  said  option,  and  the  City  of  Stockton  does  now  and  hereby 
undertake  and  authorize  the  payment  of  said  rentals  to  be  paid 
by  the  city  under  said  lease,  out  of  the  revenue  of  the  fiscal  years 
1908,  1909  and  193  0  (provided  the  city  shall  elect  to  hold  said  lands  for 
the  year  1910).  The  sum  of  ten  thousand  ($10,000)  dollars  as  rental 
ior  the  first  year,  to  be  paid  out  of  the  revenue  of  the  fiscal  year  1908; 
it  being  understood  that  the  business  interests  aroresaid  are  to  ad- 
vance to  the  said  lessors  the  first  payment  of  one  thousand  ($1,000) 
dollars,  to  be  made  upcn  the  execution  of  said  lease,  and  that  said 
business  interests  are  to  be  repaid  the  said  advancement  out  of  the 
i-aid  sum  of  ten  thousand  ($10,000)  dollars  to  be  raised  by  taxation 
for  the  fiscal  year  1905<,  as  aforesaid; 

And  the  City  of  Stockton  does  now  and  hereby  undertake  and 
authorize  the  payment  of  the  sum  of  ten  thousand  ($10,000)  dollars 
cut  of  the  revenue  of  the  fiscal  year  1909  of  said  city,  as  and  for  the 
rental  of  said  lands  for  the  second  year  of  said  term;  the  payment  of 
one  thousand  ($1,000)  dollars  to  be  made  on  October  15th,  1908,  being 
the  first  payment  for  the  second  year  of  the  rental  of  said  lands,  is 
to  be  advanced  bj'  the  business  interests  aforesaid  and.  is  to  be  repaid 
to  them  out  of  the  revenue  of  the  fiscal  year  1909  of  said  city,  to  be 
devoted  to  the  payment  of  the  second  year  of  said  rental  as  aforesaid, 
and  in  case  the  city  shall  elect  to  hold  the  said  lands  for  a  third  year, 
the  City  of  Stockton  does  now  and  hereby  undertake  and  authorize 
the  payment  out  of  the  revenue  of  the  fiscal  year  1910  of  the  sum  of 
twelve  thousand  ($12,000)  dollars,  being  the  amount  of  the  rental  to  be 
paid  for  said  third  year;  it  being  understood  and  agreed  by  the  busi- 
ness interests  of  the  city  aforesaid  that  they  will  advance  the  first 
paymeni:  of  one  thousand  ($1,000)  dollars,  to  be  made  on  said  rental, 
October  loth,  1909,  and  that  the  same  shall  be  repaid  to  them  out  of 
the  revenue  of  the  fiscal  year  193  0  of  said  city,  as  in  the  case  of  the 
f^rst  and  second  years  of  said  term. 

Sec.  4.  For  the  purpose  of  accomplishing  the  work  of  diverting 
the  said  waters  of  Mormon  Channel  over  the  lands  of  said  District 
No.  404,  lying  north  of  the  Santa  Fe  Railway  embankment,  and  from 
thence  into  the  San  Joaquin  River,  and  thus  preserving  the  navigation 
of  Stockton  Channel,  the  City  of  Stockton  does  now  hereby  undertake 
and  authorize  the  work  of  constructing  a  dam  across  Mormon  Channel, 
ator  near  the  pumping  station  in  this  city,  in  accordance  with  the  plans 
and  specifications  therefor,  to  be  prepared  by  the  City  Engineer  and 
at  an  expense  not  exceeding  seventy -five  hundred  ($7,500)  dollars, 
which  the  City  of  Stockton  does  now  and  hereby  undertake  and  author- 
ize the  payment  of  out  of  the  revenue  of  the  fiscal  year  1908  of  said 
«ity: 

And  the  City  of  Stockton  does  now  and  hereby  undertake  and 
authorize  the  work  of  'tutting  the  levee  of  Reclamation  District  No.  404, 
at  a  point  directly  above  the  place  of  construction  of  the  said  dam 
aforesaid,  at  an  expense  not  exceeding  six  hundred  ($600)  dollars, 
which  the  city  does  now  and  hereby  undertake  and  authorize  to  be  paid 
out  of  the  revenue  of  the  fiscal  year  1908  of  said  city; 

And  the  City  of  Stockton  does  now  and  hereby  undertake  and 
authorize  the  work  of  protecting  the  ends  of  said  cut  on  said  levee, 
at  an  estimated  cost  of  twelve  hundred  ($1,200)  dollars,  which  the  City 
of  Stockton  does  now  and  hereby  undertake  and  authorize  to  be  paid 
out  of  the  revenue  of  the  fiscal  5  ear  1908  of  said  city; 

And  the  City  of  Stockton  does  now  and  hereby  undertake  and 
authorize  the  replacement  of  said  cut  in  the  levee  at  the  expiration  of 
said  lease,  at  an  estim.ated  cost  not  exceeding  twelve  hundred  ($1,200) 


134  ORDINANCES. 


dollars,  and  the  said  city  does  now  hereby  undertake  and  authorize  the 
payment  of  said  sum  of  twelve  hundred  ($1,200)  dollars  out  of  the 
revenue  of  the  fiscal  year  succeeding  the  termination  of  the  use  of 
said  cut; 

And  the  City  •  of  Stockton  does  now  hereby  undertake  and 
authorize  the  removal  of  said  dnm  across  Mormon  Channel,  when  the 
said  diversion  of  waters  of  Mormon  Channel  shall  cease,  at  an  esti- 
mated cost  of  fifteen  hundred  '$1,^00)  dollars,  and  the  City  of  Stock- 
ton does  now  hereby  undertake  and  authorize  the  payment  of  said 
sum  of  nfteen  hundred  ($1,500)  dollars  out  of  the  revenue  of  the  fiscal 
year  succeeding  the  date  when  said  diversion  of  the  waters  of  Mor- 
mon Channel  shall  cease; 

And  the  City  of  Stocl^ton  does  now  hereby  undertake  and  author- 
ize the  payment  to  the  Santa  Fe  Railway  Company  of  the  sum  of 
three  thousand  ($3,000)  dollars,  to  be  used  by  the  said  railway  com- 
pany in  strengthening-  the  embankment  upon  its  right  of  way  across; 
said  Reclamation  District  as  aforesaid,  and  for  the  construction  of 
wing  dams,  provided  the  consent  of  the  said  railway  company  be 
obtained  to  the  diversion  of  said  waters  of  Mormon  Channel  a& 
planned  herein.  And  the  City  of  Stockton  does  undertake  and  author- 
ize the  payment  of  soid  sum  of  three  thousand  ($3,000)  dollars  out 
of  the  revenue  cf  the  fiscal  year  1908  of  said  city  for  the  purpose 
aforesaid. 

And  the  City  of  Stockton  dees  further  undertake  and  authorize 
the  purchase  and  installation  of  a  pumping  plant,  at  an  expense  not 
exceeding  tweniyfi\e  hundred  ($2,500)  dollars,  to  be  installed  on  the 
south  side  of  the  right  of  wav  of  the  Santa  Fe  Railway  Company 
afores:aid,  for  use  in  the  draining  of  lar.ds  of  said  Reclamation  District 
sciith  of  said  right  of  way,  in  case  the  same  are  damaged  by  seepage. 
And  the  City  of  Stockton  does  hereby  undertake  and  authorize  the 
payment  of  said  sum  of  twerty-five  hundred  ($2,500)  dollars  out  of  the 
revenue  of  the  fiscal  year  1908  of  said  city,  to  be  raised  by  taxation  for 
that  purpose. 

And  the  City  of  Stockton  does  further  undertake  and  authorize 
the  work  of  maintaining  and  operating  the  said  pumping  plant 
for  the  first  two  year?,  of  said  lease  and  for  the  third  year 
of  the  same  (provided  the  city  shall  electa  to  hold  said 
lease  for  said  three  years)  at  an  annual  expense  not  exceeding  the 
p.um  of  fifteen  hundred  ($1,500)  dollars.  And  the  City  of  Stockton  does 
further  undertake  and  authorize  payment  cut  of  the  revenue  of  the 
fiscal  years  1008,  11H»9  and  1910  of  the  sum  of  fifteen  hundred  ($1,500 > 
dollars  for  each  and  every  of  said  years,  for  the  purpose  of  maintain- 
ing and  operating  the  said  pumping  plant,  as  long  as  the  same  shall 
be  operated. 

And  the  City  of  Stockton  does  further  undertake  and  authorize 
the  payment  out  of  the  revenue  of  the  fiscal  year  following  the  ter- 
mination of  said  lease,  of  a  sura  not  to  exceed  twenty-five  hundred 
($2,500)  dollars,  to  be  paid  to  the  Southern  Pacific  Company  (so 
called)  to  reimburse  said  company  for  the  damage  (if  any)  done  to 
the  railway  track  and  embankment  of  said  company  running  over  the 
lands  of  said  district  and  caused  by  the  diversion  of  said  waters  a^ 
aforesaid. 

*  Sec.  5.  The  award  of  all  contracts  for  the  doing  of  the  work 
necessary  to  divert  the  said  waters,  shall  be  done  and  carried  out 
under  the  provisions  of  the  City  Charter  of  this  citj^ 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


CO]VVEYANCE:S_ANr)    CO]>sTRACTS. 

OKDINANCE   No.  44. 

(Originally  No.  64,  approved  December  8,  1877.)     O.  B.  4—103. 

Authorizing  exchange   with  R,   B.   Lane   of  part  of  block   5,   etc., 
S.  M.  C,  for  part  of  block  914,  S.  M.  C.    See  Statutes  1877-8,  p.  201. 


OKDIN ANCE  N^o.  45. 

(Originally  No.  92.  approved  March  17,  1879.)     O.  B.  4—161. 
Authorizing   exchange   with   C.    M.   Weber   of   center   200   feet   or 
blocks  H,  G,  B,  C,  D  and  E,  in  Mormcu  Channel  east  of  Center  street, 
for   Scott's   avenue   from    Hunter   to   American    streets,   crossings   ex- 
cluded.   

ORDINANCE  No.  46. 

(Originally  No.  112,  approved  April  20,  1881.)   O.  B.  4—202. 
Authorizing  release  and  quitclaim  to  William  Doyle  of  part  of  lot 
15,  in  block  83.  east;  to  H.  K.  Clifford,  of  part  of  lot  7,  In  block  74,  east; 
to  H.  M.  Fanning,  of  part  of  lot  11.  in  block.  88,  east. 

ORDINANCE  No.  48. 

(Originally  No.  129,  approved  April  ?>,  1882.)   O.  B.  4—241. 
Authorizing  exchange  with  H.  K.  Clifford  for  parts  of  lots  1,  3  and 
5,  in  block  72,  east. 

ORDINANCE  No.  49. 

(Originally  No.  161,  approved  March  3,  1884.)     O.  B.  4—301. 
Authorizing  quitclaim  to  A.  Rivara  of  parts  of  lots  9  and  11,  in 
block  83,  east. 

ORDINANCE  No.  51. 

(Originally  No.  238,  approved  October  17,  1887.)     O.  B.  4—510. 
Authorizing  conveyance  to  J.  D.  Peters  of  a  part  of  lot  10,  in  block 
70^,  east. 

ORDINANCE  No.  52. 

(Originally  No.  .U3,  approved  December  29,  1890.)     O.  B.  5—40. 
Authorizing  purchase  of  block  T,  east. 

ORDINANCE    No.    140. 

(Approved  August  29,  1894.)     O.  B.  5—465. 
Consent  of  City  Council  to  purchase  of  lot  6,  in  block  87,  east,  by 
Board  of  Education. 

ORDINANCE    No.    168. 

(Approved  March  10,  1896.)   O.  B.  .5—561. 
Authorizing  conveyance   to  James   H.   Budd  and  J.   E.   Clifford  of 
parts  of  lots  1  and  3,  block  72,  east. 

ORDINANX^E    No.    308. 

(Approved  November  13,   1901.)      O.  B.   6—160. 
Authorizing  the  purchase  by  the  City  of  Stockton  of  lot  seven  (7), 
in  block  thirty  (30),  south  of  Mormon  Channel,  for  a  City  Pound. 


136  0Rr3TNANCES. 


ORDINANCE   No.   314. 

(Approved   April   23,   1902.)      O.   B.   6—176. 

Granting,  donating  and  setting  apart  to  the  Trustees  of  the  Stock- 
ton Free  Public  Library  the  east  twenty-one  (21)  feet  of  the  south 
one-half  (V2)  of  lot  four  (4);   all  of  lot  six   (6),  in  block  twelve   (12), 


east. 


ORDINANCE   No.   315. 

(Became  a  law  May  3,  1902.)  O.  B.  6—178. 

Authorizing  the   conveyance   to   Lucinda   M.   Budd  of  part  of  lot 
fifteen  (15),  in  block  seventy-two  (72),  east. 


ORDINANCE   No.   341. 

(Approved  May  26,  1903.)     O.  B.  6—316. 

Accepting  from  the  Farmers'  Union  and  Milling  Company  a  deed 
of  property  in  the  City  of  Stockton  in  exchange  for  the  abandonment 
of  a  certain  portion  of  Weber  avenue. 


ORDINANCE   No.   356. 

(Approved  November  24,  1903.)     O'.  B.  6—369. 

Giving  the  consent  of  the  City  Council  to  the  purchase  by  the 
Board  of  Education  of  lots  two  (2),  four  (4),  six  (6)  and  fourteen  (14), 
in  block  M,  west. 

ORDINANCE   No.   359. 

(Approved  December  29,  1903.)     O.  B.  6—379. 

Authorizing  the  transfer  of  the  Lafayette  School  property  to  the 
Board  of  Education. 


ORDINANCE   No.   378. 

(Approved  August  17,  1904.)     O.  B.  7—17. 

Accepting  for  San  .Toaquin  County  a  conveyance  of  an  undivided 
one-half  (Vz)  of  lot  fourteen  (14),  in  block  seventy-two  (72),  east. 


ORDINANCE   No.    402. 

(Became  a  law  November  27,  1905.)      O.  B.   7—54. 

Authorizing  and  directing  the  sale  at  public  auction  of  lot  fourteen 
(14),  in  block  forty-two  (^2),  east. 


ORDINANCE   No.    407. 

(Approved  January  9,  1906.)     O.  B.  7—64. 
Authorizing  the  purchase  by  the  City  of  Stockton  of  lot  sixteen 
(16),  in  block  two  hundred  and  thirty-seven  (237),  east,  for  an  engine- 
house. 


FRANCHISES. 


ORDINANCE  No.  2G. 

Oranting    to    the    Stockton    and    Copperopolis    Railroad    Company    the 
Right  of  Way  and  Certain  Privileges  in  the  City  of  Stockton. 

(Being  originally  No    99,  approved  November  25,  1870.) 

The  Mayor  and  Common  Council  of  the  City  of  Stockton  do 
crdain  as  follows: 

Section  1.  Subject  to  each  and  all  the  conditions  and  limitations 
hereinafter  imposed  in  behalf  of  said  City  of  Stockton  and  upon  those 
conditions  and  limitations  there  is  hereby  granted  to  the  Stockton 
and  Copperopolis  Railroad  Company,  its  successors  and  assigns,  the 
right  of  way  so  far  as  lies  in  the  power  of  the  city  to  grant  it,  for  its 
roadbed  and  a  single  track,  and  the  right  and  privilege  to  construct, 
lay  down  and  maintain  a  single-track  railway  and  to  run  the  cars 
and  locomotives  of  said  railroad  company  by  steam  thereon,  within 
the  City  of  Stockton,  upon  and  along  the  middle  or  center  of  Weber 
a„venue  and  Weber  levee,  the  said  Weber  levee  being  a  continuation 
west  of  said  avenue;  provided,  that  west  of  El  Dorado  street,  for  a 
distance  of  five  hundred  (500)  feet  from  the  east  line  of  said  street 
the  main  track  of  said  road  may  diverge  from  the  center  of  Weber 
levee  in  a  northerly  direction,  and  also  across  and  over  East  street 
to  said  Weber  avenue.  Also  the  further  right  or  privilege  to  lay  down, 
construct  and  maintain  all  such  turnouts,  sidetracks  and  switches  as 
may  be  necessary  for  the  convenient  operation  of  said  railway  within 
the  following-named  boundaries  on  said  Weber  levee,  to-wit:  Upon  all 
that  certain  strip,  piece  or  portion  of  said  Weber  levee,  being  six 
hundred  and  eighty  (680)  feet  long  and  fifty  (50)  feet  wide,  and  com- 
mencing for  the  same  on  the  west  at  a  point  where  the  middle  or 
center  line  of  said  Weber  levee  intersects  the  east  boundary  line  of 
Commerce  street,  thei^ce  east  along  said  center  line  of  Weber  leveo 
six  hundred  and  eighty  (680)  feet  to  the  point  where  the  same  inter- 
sects the  west  boundary  line  of  El  Dorado  street,  thence  at  right  angles 
north  along  said  west  line  of  El  Dorado  street  fifty  (50)  feet,  thence  at 
right  angles  west  six  hundred  and  eighty  (680)  feet  to  the  east  boun- 
dary line  of  Commerce  street  aforesaid,  thence  at  right  angles  south 
fifty  (50)  feet  to  the  point  of  beginning.  And  there  is  hereby  further 
granted  to  said  railroad  company,  its  successors  and  assigns,  tho 
pri\ilege  of  erecting  within  the  limits  next  hereinbefore  mentioned 
such  stations  and  sheds  as  shall  or  may  from  time  to  time  be  neces- 
sary for  the  accommodation  of  its  freighting  and  passenger  business 
and  for  shipping  and  landing  its  own  materials;  provided,  that  the 
aggregate  length  of  such  sheds,  stations  and  erections  (measure  from 
east  to  t^-est)  shall  not  exceed  two  hundred  (200)  feet.  And  no  portion 
of  the  street  or  levee  hereby  granted  shall  be  occupied  or  used  for 
the  sale  of  merchandise,  liquors  or  other  refreshments;  and,  provided, 
further,  that  any  and  all  rights  and  privileges  hereby  granted  to  said 
railroad  company  upon  and  along  said  Weber  avenue  and  Weber 
levee  are  granted  and  given  subject  to  any  and  all  rights  of  the 
Stockton  and  Visalia  Railroad  Company  and  the  Stockton  and  Linden 
Turnpike  Road  Company  (so  called)  now  existing  in  and  to  said 
avenue  and  levee,  and  each  and  every  part  thereof. 

Sec.  2.  The  said  railroad  company  may.  at  any  time  within 
thirty  days  next  after  the  passage  and  approval  of  this  Ordinance,  by 


138  ORDINANCES. 


the  lawful  acts  of  its  Board  of  Directors,  surrender  to  the  said  City  of 
Stockton  all  the  privileges  hereby  granted  upon  Weber  avenue  and 
Weber  levee,  and  may  enter  the  City  of  Stockton  over  and  across 
East  street  to  Channel  street,  and  may  have  the  right  of  way  for  its 
roadbed  and  a  single  track,  and  the  right  and  privilege  to  construct, 
lay  down,  maintain  and  operate  a  single-track  railway  within  the  said 
City  of  Stockton,  and  along  the  center  or  middle  of  said  Channel  street 
to  Commodore's  levee,  and  thence  west  along  said  levee  to  the  east 
line  of  Commerce  street,  and  the  same  privileges  by  the  first  section 
of  this  Ordinance  granted  to  said  railroad  company  upon  that  portion 
of  Weber  levee  lying  between  the  east  side  of  Commerce  street  and 
the  west  side  of  El  Dorado  street  and  immediately  north  of  and 
parallel  with  the  middle  or  center  line  of  said  levee,  being  six  hundred 
and  eighty  (680)  feet  long  and  fifty  (50)  feet  wide,  and  therein  particu- 
larly described,  shall  inure  to  said  railroad  company  (upon  said  sur- 
render) in  and  to  all  that  portion  of  Commodore  levee  embraced  within 
the  following-named  boundaries,  to-wit:  So  much  of  said  levee  as  lieii- 
between  the  west  side  of  El  Dorado  street  and  the  east  side  of  Com- 
merce street,  and  immediately  south  of  adjoining  to,  parallel  with  the 
middle  and  center  line  of  said  levee  to  a  uniforai  breadth  or  width  of 
fifty  (50)  feet  for  the  whole  of  said  distance  between  said  Commerce 
and  El  Dorado  streets;  and,  provided,  always  that  the  City  of  Stock- 
ton hereby  expressly  reserves  the  right  to  control  the  water-front  of 
said  city,  subject  to  the  rights  and  privileges  herein  granted  to  said 
company  along  both  of  the  levees  hereinbefore  mentioned,  and  the  whole 
thereof,  and  the  right  to  collect  all  wharfage,  tonnage  and  levee 
iJues,  and  nothing  herein  contained  shall  ever  be  construed  as  exempt- 
ing said  company  from  the  payment  of  any  such  dues. 

Sec.  3.  The  rights  and  privileges  herein  granted  to  said  railway 
company  by  the  first  and  second  sections  hereof  are  dependent  for 
their  continuance  and  validity  upon  the  performance  by  said  railroad 
company  in  full  of  all  the  conditions  as  hereinafter  set  out,  to-wit: 

First — The  said  railroad  company  shall  in  all  cases  construct  and 
maintain  their  roadbeds  in  said  city  to  the  official  grade  thereof,  and 
shall  not  raise  or  construct  any  portion  of  their  roadbeds  to  a  greater 
height  than  said  grade,  unless  with  the  permission  of  the  Common 
Council,  except  so  far  as  it  may  be  necessary  to  cross  the  roadbeds 
and  tracks  of  other  railroads;  and  in  all  such  cases  the  official  grade 
shall  not  be  exceeded  by  the  grade  of  said  railroad  for  a  greater 
distance  than  three  hundred  (300)  feet  on  each  side  of  the  road  so 
crossed,  unless  the  usual  maximum  grade  admissible  in  the  construc- 
tion of  railroads  would  be  exceeded  if  restricted  to  three  hundred  (300) 
feet,  in  which  event  the  distance  may  be  extended  until  such  maximum 
grade  is  reached,  and  shall  not  for  that  or  any  other  purpose  remove- 
any  earth  from  or  make  any  excavations  in  any  of  the  streets,  levees, 
or  avenues  of  said  city,  except  it  may  be  necessary  so  to  do  for  the 
purpose  of  erecting  culverts. 

Second — Said  company  shall  erect  suitable  culverts  for  the  pas- 
sage of  the  water  at  such  points  on  their  roadbeds  as  shall  be  selected 
b}^  the  Common  Council,,  and  keep  such  culverts  in  repair. 

Third — The  said  company  shall,  after  the  grading  'And  improve- 
ment in  accordance  with  the  then  existing  Ordinance  of  said  Weber 
avenue  and  levees  and  said  East  street  or  said  Channel  street  and 
Commodore  levee,  if  the  same  shall  be  selected  by  said  company,  keep 
in  good  order  and  repair  that  portion  of  said  street,  avenue  and  levees, 
so  selected  and  used,  between  the  rails  of  said  railroad  and   for  the 


ORDINANCES.  139 


distance  of  three  feet  along  the  outside  of  each  rail,  and  also  the  space 
between  the  sidetracks  or  side  and  main  tracks,  when  such  space  is 
less  than  ten  feet. 

Fourth — The  said  railroad  company  shall  keep  in  good  repair  all 
street  crossings  along  the  line  of  the  roadboad  through  the  cit5%  and 
shall  construct  and  maintain  at  such  crossings  suitable  embankments 
or  other  structures  with  proper  slope  to  enable  teams  readily  to  cross 
the  roadbed. 

Fifth — The  said  railroad  company  shall  construct,  keep  and  main- 
tain that  portion  of  the  track  of  said  company  on  Weber  avenue  and 
levee  and  their  crossings,  or  upon  Channel  street  and  Commodore 
levee  and  their  crossings,  as  said  company  may  hereafter  select,  by 
planking  or  paving  the  same  between  the  rails  and  for  three  (3)  feet 
on  each  side  of  the  track  thereof,  that  said  track  shall  present  a 
smooth  and  uniform  surface  even  with  the  top  of  the  rails,  and  also 
even  and  level  with  the  ground  on  either  side  of  said  track,  so  that 
vehicles  may  pass  over  and  across  the  same  without  difficulty  and 
obstruction;  and  the  Common  Council  of  said  city  shall  have  authority 
at  all  times  to  regulate,  and,  when  necessary,  to  prohibit  the  standing 
of  engines  or  cars  of  said  railroad  company  on  either  Weber  avenue 
or  Channel  street. 

Sixth — The  said  Stockton  and  Copperopolis  Railroad  Company 
shall  perfect  all  rights  herein  granted  within  twelve  months  from  the 
date  thereof;  provided,  the  proposed  Stockton  and  Copperopolis  Rail- 
road does  not  extend  at  least  ten  miles  from  the  City  of  Stockton. 

Seventh — The  said  railroad  company  shall,  within  thirty  (30) 
days  after  the  passage  and  approval  of  this  Ordinance  by  resolution, 
of  the  Board  of  Directors,  at  a  general  or  special  meeting  for  that 
purpose,  declare  its  acceptance  of  the  terms  and  conditions  of  this 
Ordinance  and  designate  the  street  or  avenue  and  levee  in  said  city 
over  which  thej^  have  elected  to  build  and  operate  the  main  railway 
and  track  of  their  said  railroad  in  conformity  with  Sections  one  (1) 
and  two  (2)  of  this  Ordinarce,  and  file  with  the  City  Clerk  of  the 
City  of  Stockton  a  duly  authenticated  copy  of  such  resolution,  which 
shall  be  by  said  Clerk  entered  on  the  records  of  the  Council,  and  said 
record  shaJl  be  deemed  evidence  of  the  same  with  the  like  validity  and 
effect  as  the  original. 

Sec.  4.  It  is  hereby  made  the  duty  of  the  Street  Commissioner 
of  the  City  of  Stockton  to  examine  and  inspect  all  the  work  done  by 
said  company  by  virtue  of  this  Ordinance  within  the  corporate  limits 
of  said  city,  and  from  time  to  time  as  he  may  discover  the  same  ho 
shall  report  to  the  Common  Council  any  violation  of  any  of  the  con- 
ditions herein  contained  and  imposed  on  the  company.  Upon  such 
report  by  the  said  Commissioner  of  any  violation  of  said  conditions,  or 
of  any  of  them,  by  said  railroad  company,  their  officers,  agents  or 
employes,  the  Common  Council  shall  cause  immediate  notice  to  be 
"served  on  the  President  or  Secretary  of  said  company  that  unless  the 
violated  condition  be  complied  with  by  said  company  within  thirty 
(30)  days  from  the  service  of  said  notice  that  all  rights  and  privileges 
t'iranted  said  company  by  this  Ordinance  shall  cease,  determine  and 
become  of  no  effect.  And  the  said  railroad  company  thereafter,  still 
neglecting  or  refusing  to  comply  v/ith  such  violated  conditions  for  the 
space  of  thirty  (30)  days,  upon  a  second  report  of  said  Commissioner 
presenting  satisfactorily  to  the  Common  Council  the  evidence  of  such, 
violation,  the  Common  Council  shall,  by  resolution,  declare  that  all 
the  rights  and  privileges  granted  by  this  Ordinance  to  said  company 
be  abrogated  and  annulled. 


140  ORDINANCES. 


ORDINANCE  No.  27. 

Granting  to  the  Stockton  and  Copperopolis  Railroad  Company  Certain 
Rights  and  Privileges  in  the  City  of  Stockton. 

(Being  originally  No    108,  approved  February  21,  1871.) 

The  Mayor  and  Common  Council  of  the  City  of  Stockton  do  ordain 
as  follows: 

Section  1.  Subject  to  each  and  all  the  conditions  and  limitations 
liereinafter  imposed  on  behalf  of  said  City  of  Stockton,  and  upon  these 
conditions  and  limitations  there  is  hereby  granted  to  the  Stockton  and 
Copperopolis  Railroad  Comj-any,  its  successors  and  assigns,  the  right 
to  maintain  the  present  tracks,  turnouts  and  sidetracks  of  said  railroad 
now  constructed  upon  \Veber  avenue  and  Weber  levee,  in  said  City 
of  Stockton,  and  to  run  thereon  the  cars  and  locomotives  of  said 
company,  by  steam — save  and  excepting,  however,  from  the  operation 
of  the  foregoing  grant  that  portion  of  the  sidetrack  now  constructed, 
which  extends  beyond  the  east  boundary  line  of  Commerce  street. 

Sec.  2.  And  subject  to  the  conditions  and  limitations  aforesaid 
there  is  hereby  granted  to  said  railroad  companj^  its  successors  and 
assigns,  the  right  to  construct  and  maintain  two  additional  sidetracks 
on  said  Weber  avenue;  that  ir.  to  say,  one  track  on  the  south  side  of 
the  track  now  constructed  along  the  middle  or  center  of  said  avenue, 
commencing  for  said  sidetrack  at  a  point  on  said  avenue  150  feot 
west  of  the  west  boundary  line  of  Otter  street,  and  running  thence 
along  and  on  said  avenue,  to  the  west  or  western  terminus  thereof; 
^ne  other  track  on  the  north  side  of  said  track  now  constructed  along 
the  middle  or  center  of  said  avenue,  commencing  for  said  last  men- 
tioned sidetrack  at  a  point  on  said  avenue  where  the  west  boundary 
line  of  Raccoon  street  intersects  said  avenue,  and  running  thence  along 
and  on  said  avenue  to  the  west  or  western  terminus  thereof;  and 
subject  to  the  said  conditions  and  limitations  as  aforesaid  there  is 
hereby  granted  to  the  said  company  the  further  right  to  construct  and 
maintain  the  depot  building,  200  feet  in  length  and  54  feet  in  width, 
on  said  levee,  now  in  process  of  construction  by  the  said  company, 
and  at  the  place  where  the  said  depot  building  is  now  being  con- 
structed; provided,  however,  that  the  right  of  constructing  the  said  two 
sidetracks  is  granted  upon  the  further  condition  that  each  of  saii 
sidetracks  shall  be  located  and  constructed  as  near  the  Sidd  central 
track  as  shall  be  practicable  without  impeding,  obstructing  or  inter- 
fering with  the  free  and  convenient  use  of  said  tracks  or  either  of 
them;  and,  provided,  further,  that  said  grants  tO'  said  company  are 
subject  to  any  and  all  prior  rights  which  may  exist  of  the  Stockton 
and  Visalia  Railroad  Company  to  the  right  of  way  hereby  granted: 
and,  provided,  further,  that  said  Stockton  and  Copperopolis  Railroad 
Company  shall  in  all  cases  construct  and  maintain  its  roadbeds  to 
the  official  grade  of  said  city,  and  that  said  company  shall,  at  its 
own  expense,  keep  in  good  order  and  repair  that  part  of  said  Weber 
avenue  and  Weber  levee  between  the  rails  and  tracks  of  said  railroad 
and  for  three  feet  on  each  side  thereof,  and  shall  also  construct  and 
"maintain  suitable  crossings  over  their  said  rail  track  by  planking  or 
paving  the  same  between  the  rails  of  their  several  trades,  and  for 
and  on  three  feet  on  each  side  thereof,  and  with  suitable  ombauit;- 
ments  and  proper  slopes  to  enable  teams  readily  to  cross  "-'^aid  road- 
lieds  and  tracks;  and,  provided,  further,  that  this  grant  is  with  all  con- 
ditions in  resnect  to  the  construction  and  maintaining  of  such  cross- 


ORDINANCES.  141 


ings  by  said  company  and  to  the  regulation  thereof  by  the  Common 
Council  of  said  city  as  are  contained  in  Ordinance  No.  99  of  the  said 
Ordinances  of  the  said  City  of  Stockton,  approved  November  25,  1870, 


OPvDINANCE  No.  36. 

Granting  Privileges  to  the  Central  Pacific  Railroad  Company. 

(Being  originally  No.  61,  approved  June  21,  1877.) 

The  Maj'or  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  There  is  hereby  granted  to  the  Central  Pacific  Rail- 
road Company  the  right  of  way,  so  far  as  lies  in  the  iK)wer  of  tlio 
city  to  grant  it  for  its  roadbed  and  a  single  track,  with  the  privilege 
of  running  the  cars  and  locomotives  by  steam  thereon.  Commencing 
at  the  intersection  of  Worth  street  with  the  main  track  of  the  Central 
Pacific  Railroad  on  Sacramento  street,  in  said  City  of  Stockton;  thence 
through  blocks  number  two  hundred  and  eighty-three  (283)  and  A,  and 
across  Taylor  and  Aurora  streets  and  Scott's  avenue,  to  a  point  on  the 
center  line  of  Mormon  avenue,  between  Grant  and  Stanislaus  streets; 
thence  along  and  upon  the  center  line  of  said  avenue  to  the  intersec- 
tion of  El  Dorado  stieet;  thence  to  diverge  to  a  point  on  Mormon 
avenue  fifty  (50)  feet  from  the  bank  thereof ;  thence  on  a  parallel  line 
preserving  the  same  mean  distiince  from  the  bank  of  the  slough  to 
the  west  line  of  Beaver  street. 

Sec.  2.  The  rights  and  privileges  granted  to  said  railroad  com- 
pany are  dependent  for  their  continuance  and  validity  upon  the  per- 
formance by  said  railroad  company  of  the  following  conditions,  to-wit: 

First — The  said  railroad  company  shall  construct  and  maintain 
the  roadbed  to  the  official  grade  when  required  to  do  so  by  the  order 
of  the  City  Council  of  said  city,  and  twenty  (201  feet  is  hereby  de- 
clared to  be  the  width  of  said  roadbed  along  and  upon  Mormon  avenue, 
and  twelve  (12)  feet  from  Mormon  avenue  to  its  point  of  intersection 
with  the  main  track  of  the  Central  Pacific  Railroad. 

Second — The  said  railroad  company  shall  place  in  said  roadbed 
substantial  culverts  at  such  points  as  shall  be  selected  by  the  Street 
Committee  of  said  Council,  and  keep  such  culverts  in  repair. 

Third — The  said  railroad  company  shall  keep  the  roadbed  in  good 
condition,  with  proper  slope,  to  enable  teams  to  pass  and  repass. 

Fourth — All  privileges  and  rights  required  by  said  railroad  com- 
panj^  for  the  passage  and  construction  of  said  roadbed  through  private 
property,  or  upon  grades  mad<^  by  private  persons  upon  the  proposed 
line  of  said  roadbed,  are  to  be  secured  by  said  company  from  such 
property-holders. 

Sec.  3.  If  the  said  Central  Pacific  Railroad  Company  shall  fail 
for  thirty  days  to  accept  in  writing,  duly  filed  with  the  City  Clerk  of 
said  city,  the  right  of  way  and  privileges  herein  granted,  or  to  com- 
mence in  good  faith  and  duly  prosecute  the  projection  of  said  roadbed 
within  ninety  days  from  this  date,  this  Ordinance  shall  be  of  no  force 
or  effect  as  a  grant  unto  said  company. 

Sec.  4.  This  grant  and  the  privileges  conveyed  shall  exist  for  the 
period  of  twenty-five  years  from  the  date  of  the  acceptance  by  the  said 
Central  Pacific  Railroad  Company,  unless  sooner  amended  or  revoked 
by  a  failure  of  the  company  to  observe  the  provisions  hereof. 


142  ORDINANCES. 


OKDINANCE  No.  57. 

(Being  originally  No    S28,  approved  May  14,  1891.) 

Granting  to  the  Centra!  Pacific  Railroad  Company  the  Right  to  Con- 
struct and  Maintain  a  Railroad  Upon  a  Certain  Portion  of  Mormon 
Levee  and  Across  Commerce  Street,  in  the  City  of  Stockton. 

Bo  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  There  is  hereby  granted  to  the  Central  Pacific  Railroad 
Company,  a  corporation  duly  organized  and  existing  under  the  laws 
of  the  State  of  California,  and  having  its  office  and  principal  place  of 
business  in  the  City  and  County  of  San  Francisco,  State  of  California, 
and  to  its  successors  and  assigns,  the  right  and  privilege  to  lay  down, 
construct  and  maintain  a  roadbed  of  standard  broad-gauge  width  and 
a  single  track  thereon  as  and  for  a  switch  in  connection  with  the 
present  track  of  the  said  Central  Pacific  Railroad  Company  on  Mor- 
mon levee,  in  the  City  of  Stockton,  with  the  right  and  privilege  of 
running  cars  and  locomotives  by  steam  thereon  as  follows:  Com- 
mencing at  a  point  on  tho^  present  line  of  the  present  track  of  the 
said  Central  Pacific  Railroad  Company  on  Mormon  levee,  about  one 
hundred  and  fifty  (150)  feet  west  of  Center  street,  in  said  city,  and 
connecting  with  the  said  present  track  of  the  said  Central  Pacific' 
Railroad  Company  on  Mormon  levee  at  said  point;  and  running  thenco 
northwesterly  along  and  across  said  Mormon  levee  to  a  point  distant 
about  sixty  (60)  feet  south  from  the  north  line  of  said  Moraion  levee 
and  one  hundred  (100)  feet  west  of  the  west  line  of  said  Commerce 
street. 

Sec.  2.  The  said  roadbed,  track  or  switch  "and  all  connections 
therewith  shall  be  constructed  and  maintained  in  a  good  and  substan- 
tial manner  so  as  not  to  impede  or  interfere  with  the  travel  over  or 
upon  said  streets. 

Sec.  3.  Said  Central  Pacific  Railroad  Company  and  its  successors 
and  assigns,  their  agents  or  officers,  shall,  upon  the  order  of  the 
City  Council,  grade  or  regrade,  gravel  or  regravel,  plank  or  replank, 
pave  or  repave,  macadamize  or  remacadamize  any  and  all  that  portion 
of  the  said  levee  and  street  along  which  the  said  track  shall  be  laid, 
between  the  rails  thereof,  and  for  a  width  not  exceeding  two  feet  on 
each  side  of  said  track,  also  between  the  rails,  and  for  a  width  not 
exceeding  two  feet  on  each  side  thereof  of  all  curves  and  appendages 
thereto.  It  shall  keep  the  same,  including  curves,  constantly  in  repair 
and  flush  with  the  street. 

All  work  must  be  done  under  the  direction  and  to  the  satisfactio'U 
of  the  Superintendent  of  Streets;  and  in  no  case  shall  the  said  Central 
Pacific  Railroad  Company,  Its  successors  or  assigns,  be  permitted  to 
run  or  operate  said  railroad  upon  said  streets  until  the  same  shall 
have  been  approved  by  the  Suoerintendent  of  Streets  and  accepted 
by  the  City  Council. 

Sec.  4.  This  grant  shall  continue  in  force  for  the  term  of  ten  (10) 
years  from  the  date  of  approval  of  this  Ordinance. 

Sec.  5.  This  Ordinance  shall  be  of  no  effect  to  vest  the  rights  and 
privileges  herein  granted  unless  the  Central  Pacific  Railroad  Com- 
pany, its  successors  or  assigns,  shall,  within  thirty  (30)  days  after  the 


ORDINANCES.  143 


approval  hereof,  accept  in  writing  the  rights  and  privileges  herein  and 
hereby  granted,  together  with  all  and  singular  the  privileges,  conditions 
and  restrictions  heroin  contained,  within  the  said  time  file  such  written 
acceptance  with  the  City  Clerk. 

Sec.  6.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

OHDTNAXOE   No.  ()1. 

(Approved  August  20.  1891.) 

Granting  to  the  Southern  Pacific  Company  the  Right  to  Construct 
and  Maintain  Certain  Railroad  Tracks  on  Weber  Levee  and  Weber 
Avenue  Extended. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  To  the  Southern  Pacific  Company  (a  corporation)  is 
hereby  granted  for  a  term  of  twenty-five  years  the  right  to  construct 
and  maintain  on  \\'eber  levee  and  Weber  avenue  extended,  in  the 
City  of  Stockton,  and  at  the  official  grade  of  said  avenue: 

First — A  portion  oi  the  sidetrack  nov/  known  as  the  Sperry  track, 
then  running  parallel  with  the  curb  line  on  a  tangent  about  173  feet 
westerly  from  a  pomt  about  112  feet  east  of  the  west  line  of  Beaver 
street,  and  thence  curving  towards  the  present  main  track,  and  thenco 
west  to  a  point  about  75  feet  west  of  the  west  line  of  Elk  street,  there 
to  connect  with  the  main  track  by  a  switch. 

Second — A  sidetrack  from  a  point  about  50  feet  west  of  the  west 
line  of  Bear  street  and  north  of  the  present  main  track,  connecting 
by  a  switch  with  the  sidetrack  south  of  the  Eureka  warehouse,  run- 
ning east  about  12  feet  south  of  and  parallel  with  the  south  line  of 
the  new  flouring  mill  of  the  Farmers'  Union  and  Milling  Company  to  d 
point  about  25  feet  east  of  the  east  line  of  said  mill;  thence  turning- 
south  towards  said  main  track  to  a  point  about  100  feet  east  of  the 
east  line  of  Elk  street  and  there  connecting  by  a  switch  with  said  main 
track. 

Third — A  link  or  turnout  connected  with  said  main  track  by  a 
switch  running  from  a  point  about  200  feet  west  of  the  west  line  of 
Raccoon  street,  to  connect  with  the  present  sidetrack  which  now 
crosses  Tule  street  by  a  switch  leading  to  the  Crown  mills  and  ware- 
house, about  50  feet  from  the  east  line  of  Tule  street. 

Sec.  2.  This  Ordinance  shall  i:ake  effect  from  and  after  its  pas- 
sage and  approval.  

OrvDINANOP:   No.  69. 

(Approved   September  22,   1891.) 

Granting  to  the  Southern  Pacific  Company  (a  Corporation)  the  Right 
and  Privilege  to  Lay  Down,  Build  and  Maintain  Certain  Platforms 
on  Sacramento  Street  and  Weber  Avenue. 

Be  it  ordained  bj^  the  City  Council  of  the  City  of  Stockton  aa 
follows : 

Section  1.  There  is  .  hereby  granted  to  the  Southern  Pacific 
Company    (a   corporation),    its    successors    and    assigns,    the    right   to 


M4  CRDINANCES. 


improve,  at  its  own  expense,  certain  portions  of  Weber  avenue  and 
Sacramento  street,  herein  specified,  in  tlie  following  manner,  to-wit: 

To  build,  lay  down  and  maintain  a  platform  on  the  west  side  of 
the  present  railroad  track  of  the  Central  Pacific  Railroad  Company, 
which  said  railroad  track  is  nov.  located  in  or  near  the  center  of  Sac- 
ramento street,  in  the  said  City  of  Stockton:  Commencing  at  a  point 
about  fifty -six  (56)  feet  south  of  the  south  line  of  Channel  street; 
thence  running  south  along  the  side  of  and  parallel  with  the  west  rail 
of  said  main  track  upon  said  Sacramento  street,  15  feeti  from  the 
center  of  said  main  track  to  a  point  about  250  feet  from  the  place  of 
beginning;  thence  running  south  on  said  Sacramento^  street  and  on 
the  west  side  of  said  main  track  and  forty  (40)  feet  from  the  center 
of  same,  about  360  feet;  thence  running  south  on  Sacramento  street 
and  on  the  west  side  of  said  main  track  and  15  feet  from  the  center 
of  said  main  track  to  the  north  line  of  Market  street.  Also  the  further 
right  to  build,  lay  down  and  maintain  a  platform  on  the  south  side 
of  Weber  avenue,  and  on  the  south  side  of  the  present  main  track  of 
the  Southern  Pacific  Railroad  Company  of  California,  which  said  rail- 
road track  is  now  located  on  the  said  Weber  avenue  and  near  the; 
center  thereof,  in  ihe  said  City  of  Stockton:  To  commence  at  the 
east  line  of  Aurora  street;  thence  running  east  along  the  side  of  and 
parallel  with  the  south  rail  of  the  said  main  track  on  Weber  avenue, 
and  15  feet  from  the  center  of  said  main  track  to  a  point  about  256  feet 
from  the  point  of  commencement;  thence  running  east  on  the  south 
side  of  said  main  track  and  on  the  south  side  of  Weber  avenue  to  the 
west  line  of  Sacramento  street,  55  55-100  feet  from  the  center  of  said 
main  track;  thence  running  east  on  said  Weber  avenue  from  the  center 
of  Sacramento  street,  and  15  feet  from  the  center  of  said  main  track 
to  the  west  line  of  Union  street. 

Sec.  2.  The  platforms  herein  provided  for  are  to  be  built,  laid 
down  and  maintained  on  the  ofTjcial  grades  of  the  City  of  Stockton,, 
and  the  surface  pavement  herein  peraiitted  is  to  be  of  concrete  or 
bituminous  rock,  and  all  work  done  or  improvements  made  or  main- 
tained by  virtue  of  the  provisions  of  this  Ordinance  must  be  done, 
made  and  maintained  to  the  satisfaction  of  the  Superintendent  of 
Streets  of  said  city  and  his  successors  in  office. 

Sec.  3.  The  rights  and  privileges  herein  granted  to  the  Southern 
Pacific  Company  (a  corporation)  are  granted  upon  the  express  terms 
and  conditions  that  the  City  Council  reserves  the  right  to  order 
Weber  avenue,  between  Aurora  and  Union  streets,  and  Sacramento 
street,  from  Channel  street  to  Weber  avenue,  improved  in  such  a 
manner  as  may  be  deemed  advisable,  and  that  nothing  herein  contained 
shall  be  construed  as  in  any  way  affecting  the  power  of  the  City 
Council  so  to  do. 

Sec.  4.  All  the  work  herein  specified  shall  be  commenced  within 
six  (6)  months  from  the  date  of  the  passage  of  this  Ordinance  and 
completed  within  ninety  (90)  days  thereafter,  and  for  failure  to  com- 
ply with  the  provisions  of  this  section  said  Ordinance  shall  become 
void  and  of  no  effect. 


ORDINANCES.  14( 


ORDIXANCE   No.    324. 

(Became  a  law  November  26,  1902.)     O.  B.  6—211. 

Granting  to  the  Southern  Pacific  Railroad  Company  the  Right  to 
Construct,  Maintain  and  Operate  a  Railroad  Upon,  Along  and 
Across  Certain  Streets  in  the  City  of  Stockton,  Together  With 
All   Necessary  Spur  Tracks  and  Sidings   in  Connection   Therewith. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton,  aa 
follows: 

Section  1.  There  is  hereby  granted  to  the  Southern  Pacific  Rail- 
road Company,  its  successors  and  assigns,  so  far  as  it  is  in  the  power 
of  said  Council  to  grant  the  same,  the  right  to  construct,  maintain  and 
operate  by  means  of  steam  locomotives  or  other  lawful  motive  power, 
for  the  period  of  fifty  years,  a  single  or  double-track  railroad  of  stan- 
dard gauge,  viz.:  four  feet  eight  and  one-half  inches,  upon,  along  and 
across  certain  streets  in  the  City  of  Stockton,  as  follows: 

Commencing  at  a  point  in  the  existing  railroad  of  said  Southern 
Pacific  Railroad  Company,  as  constructed  on  Weber  avenue,  at  or  near 
the  westerly  line  of  Edison  street,  and  runmng  thence  in  a  westerly 
direction,  curving  to  the  south  and  crossing  Mormon  Slough  by  means 
of  a  drawbridge,  to  the  lands  of  the  John  Boggs  estate  on  the  south- 
erly side  of  Mormon  Slough:  thence  westerly  across  the  lands  of 
said  John  Boggs  estate  to  the  westerly  limits  of  the  City  of  Stockton. 

Together  with  the  right  to  construct,  maintain  and  operate  such 
spur  tracks  and  sidings  as  shall  be  necessary  or  convenient  for  the 
proper  transaction  of  the  business  of  said  Southern.  Pacific  Railroad 
Company. 

Sec.  2.  The  roadbed  of  said  railroad  shall  conform  as  nearly  as 
possible  to  the  grades  of  the  streets  whereon  or  across  which  the 
same  shall  be  laid,  and  where  it  is  not  practicable  to  construct  the 
same  on  the  grade  of  cross  streets  said  roadbed  shall  be  made  with 
sloping  approaches,  so  that  the  same  may  be  crossed  by  teams. 

Sec.  3.  Unless  the  said  Southern  Pacific  Railroad  Company  shall, 
^y■ithin  thirty  days  after  the  final  passage  of  this  Ordinance,  file  its 
acceptance  of  the  same  and  of  all  of  the  terms  and  conditions  thereof, 
in  writing,  with  the  City  Clerk,  this  Ordinance  and  the  franchises 
hereby  granted  shall  become  and  be  null  and  void. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  imme- 
diately upon  its  final  passage  and  approval. 


ORDTXANCE  Xo.  97. 

(Approved  January  14,  1893.) 

Granting  to  the  Central  Pacific  Railroad  Company  the  Right  of  Way 
On  and  Across  Certain  Streets  for  the  Purpose  of  Laying  and 
Maintaining   Certain    Railroad   Tracks   Thereon. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  There  is  hereby  granted  to  the  Central  Pacific  Rail- 
road Company  the  right  of  way,  so  far  as  it  lies  within  the  power  of 
the  city  to  grant  it,  for  its  roadbed,  with  the  privilege  of  running  and 
operating  cars  and  locomotives  by  steam  thereon,  the  following  railroad 
beds  and  tracks,  to-wit: 


146  ORDINANCES. 


First — To  extend  the  present  and  existing  spur  track  of  the 
Central  Pacific  Railroad  Company,  which  has  its  northerly  end  in  the 
main  line  of  said  company's  tracks,  a  distance  of  about  seventy  (70) 
feet  north  of  *he  north  line  of  Main  street,  extending  it  parallel  to  and 
thirteen  feet  distant  from  the  existing  main  line  of  said  company,  along 
Sacramento-  street  southerly  to  and  across  Market  street,  Washington 
street,  Lafayette  street  and  Sonora  street,  to  a  connection  with  the 
main  line  or  track  on  the  north  of  Church  street. 

Second — Also  a  second  track  parallel  to  the  track  hereinbefore 
mentioned  and  described,  and  connecting  therewith  35  feet  south  of  the 
south  line  of  Main  street,  and  thence  running  along  Sacramento-  street 
parallel  to  and  26  feet  distant  from  the  existing  main  track  across 
Market  street  and  Washington  street  to  the  north  of  Lafayette  street. 

Third — Also  a  spur  track  connecting  with  the  track  first  herein- 
before mentioned  70  feet  south  of  the  south  line  of  Lafayette  street, 
thence  by  a  curve  and  tangent  in  a  northerly  direction  across  Lafay- 
ette street  and  Washington  street  to  the  south  line  of  Market  street, 
31.5  feet  west  of  the  west  line  of  Sacramento  street. 

Fourth — Also  a  spur  track  commencing  on  the  last  mentioned 
track  35  feet  north  from  the  north  line  of  Lafayette  street  and  running 
by  a  curve  and  tangent  across  M^ashington  street  to  the  south  line  of 
Market  street  at  a  point  81.5  feet  west  from  the  west  line  of  Sacra- 
mento street. 

Fifth — Also  a  sinir  track  commencing  on  the  last  mentioned  track 
100  feet  north  of  the  north  lino  of  Lafayette  street,  thence  northerly  by 
a  curve  and  tangent  across  Washington  street  parallel  with  the  last 
mentioned  track  to  the  south  line  of  Market  street  at  a  point  93  o 
feet  west  of  the  west  line  of  Sacramento  street. 

Sixth — Also  a  spur  track  commencing  at  the  same  point  as  the 
last  mentioned  track  and  running  northerly  by  a  curve  and  tangent  to 
the  south  line  of  Market  street  at  a  point  143.5  feet  west  of  the  west 
line  of  Sacramento  street. 

Sec.  2.  The  rights  and  privileges  granted  tO'  said  railroad  com- 
pany are  dependent  for  their  continuance  and  validity  upon  the  per- 
formance by  said  railroad  company  of  the  following  conditions,  to-wit: 

First — The  said  railroad  company  shall  construct  and  maintain 
the  tracks  and  roadbeds  hereinbefore  mentioned  to  the  official  grade 
of  the  streets  of  said  city  when  required  to  do  so  by  the  order  of  the 
City   Council. 

Second — The  said  railroad  company  shall  keep  the  roadbeds  and 
tracks  aforesaid  in  good  condition,  with  proper  slope  where  the  tracks 
or  roadbeds  cross  any  of  the  streets  herein  mentioned,  to  enable  teams 
to  cross,  pass  and  repass  over  the  same,  and  at  such  crossings  shall 
keep  the  streets  in  good  repair  between  the  tracks  and  along  and 
within  the  distance  of  two  (2)  feet  upon  each  side  of  the  tracks  occu- 
pied by  said  company. 

Third — The  said  company  in  laying  and  maintaining  the  tracks 
and  roadbeds  herein  described  and  operating  the  same  shall  not  un- 
necessarily obstruct  thereby  the  free  use  of  said  streets. 

Sec.  3.  At  no  time  shall  the  cars  or  trains  of  said  company  be 
allowed  to  stand  upon  and  across .  any  street  crossing  except  for  the 
purpose  of  operating  the  same,  and  then  not  longer  than  ten  (10) 
minutes  for  any  one  time. 

Sec.  4.  If  the  said  Central  Pacific  Railroad  Company  shall  fail 
for  thirty  (30)   days  after  the  passage  of  this  Ordinance  to  accept  itt^ 


ORDINANCES.  147 


writing  duly  filed  with  the  City  Clerk  of  said  city  the  right  of  way  and 
privileges  herein  granted,  or  to  commence  in  good  faith  and  duly 
prosecute  the  projection  of  said  roadbed  and  tracks  within  one  hundred 
and  fifty  (150)  days  after  the  passage  and  approval  of  this  Ordinance, 
then  this  Ordinance  shall  be  of  no  force  and  effect  as  a  grant  to  said 
company  and  shall  become  void. 

Sec.  5.  This  grant  and  the  privileges  conveyed,  shall  continue 
and  exist  for  the  period  of  twenty-five  years  from  date  of  the  accept- 
ance by  the  Central  Pacific  Railroad  Company,  unless  sooner  amended 
-or  revoked  by  a  failure  of  the  company  to  observe  the  provisions 
hereof. 

ORDINANCE   No.    112. 

(Approved  May  26,  1893.) 

^Granting  to  the  Central  Pacific  Railroad  Company,  Its  Successors  and 
Assigns,  the  Right  of  Way  On,  Over  and  Across  Certain  Streets,  for 
the  Purpose  of  Laying  and  Maintaining  Certain  Railroad  Tracks 
Thereon. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Tliere  is  hereby  granted  to  the  Central  Pacific  Rail- 
road Company,  its  successors  or  assigns,  the  right  of  way.  so  far  as  it 
lies  within  the  power  of  the  City  Council  to  grant  it,  for  its  roadbed, 
with  the  privilege  of  running  and  operating  cars  and  steam  locomotives, 
the  following  railroad  bed  and  tracks,  to-wit: 

First — A  siding  on  the  easterly  side  of  the  main  track  and  thirteen 
feet  distant  from  the  main  track  on  Sacramento  street,  commencing  at 
a  point  100  feet  south  of  the  south  line  of  Miner  avenue,  and  thence 
continuing  and  running  northerly  on  said  Sacramento  street  to  the 
north  line  of  Lindsay  street. 

Second — Also  a  spur  track  switching  out  from  the  sidetrack  herein- 
before mentioned  at  a  point  about  ten  feet  south  of  the  south  line  of 
Miner  avenue,  and  thence  running  across  said  Miner  avenue  to  a  point 
on  the  north  line  of  said  Miner  avenue  twenty  feet  east  of  the  east  line 
cf  Sacramento  street. 

Sec.  2.  The  rights  and  privileges  hereby  granted  to  said  railroad 
company  are  dependent  for  their  continuance  and  validity  upon  the 
performance  by  saia  company,  its  successors  or  assigns,  of  the  follow- 
ing  conditions,    to-wit: 

First — The  said  railroad  company,  its  successors  or  assigns,  shall 
construct  and  maintain  the  tracks  and  roadbed  hereinbefore  mentioned 
upon  said  streets  to  the  official  grade  thereof  when  required  to  do  so 
by  order  of  the  said  City  Council. 

Second — Said  railroad  company,  its  successors  or  assigns,  shall 
keep  the  roadbed  and  tracks  aforesaid  in  good  condition,  with  proper 
slope  where  the  tracks  or  roadbeds  cross  any  of  the  streets  herein 
mentioned,  so  as  to  enable  teams  and  carriages  to  cross,  recross  and 
pass  over  the  same,  and  at  such  crossings  shall  keep  the  streets  in 
good  repair  between  the  tracks  and  along  and  within  the  distance  of 
two  feet  upon  each  side  of  the  track  occupied  by  said  company,  its 
successors  or  assigns. 

Third — The  said  company,  its  successors  or  assigns,  in  laying  and 
maintaining  the  tracks  and  roadbeds  herein  described,  and  in  operat- 
ing the  same,  shall  not  unnecessarily  obstruct  thereby  the  free  use  of 
«aid  streets. 


H8  ORDINANCES. 


Sec.  3.  At  no  time  ghall  the  cars  or  trains  of  said  company,  its 
successors  or  assigns,  be  allowed  to  stand  upon  any  street  crossing, 
except  for  the  purpose  of  operating  the  same,  and  then  not  longer  than 
ten  minutes  at  any  one  time. 

Sec.  4.  If  the  said  Central  Pacific  Railroad  Company  shall  fail' 
for  thirty  days  after  the  passage  of  this  Ordinance,  to  accept  in  writing, 
duly  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  right  of 
way  and  privileges  herCiU  granted,  or  to  commence  in  good  faith  and 
duly  prosecute  the  projection  ol  said  roadbed  and  tracks  within  150 
days  after  the  passage  and  approval  of  this  Ordinance,  then  this  Or- 
dinance shall  be  of  no  force  or  effect  as  a  grant  to  said  company,  and 
shall  become  void. 

Sec.  5.  This  grant  shall  continue  to  exist  and  be  in  force  for 
twenty-five  years  from  the  date  of  the  acceptance  by  the  Central 
Pacific  Railroad  Company,  unless  sooner  revoked  by  the  failure  of  the 
company  to  observe  the  provisions  hereof. 


OKDTNAXCE   No.   2G2. 

(Approved  June  29,  1900.) 

An  Ordinance  Granting  to  the  Central  Pacific  Railway  Company  for 
the  Term  of  Twenty-five  (25)  Years  From  the  Twelfth  Day  of  June, 
1900,  the  Franchise,  Right  and  Privilege  to  Lay  and  Maintain  a 
Roadbed  and  Railroad  Track.  With  the  Privilege  of  Running  and 
Operating  Locomotives  and  Cars  by  Steam  Thereon,  Upon  and 
Across  Certain   Streets  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follow^s: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Central 
Pacific  Railway  Company,  a  railroad  corporation  duly  organized  and 
incorporated  as  such  under  and  by  virtue  of  the  laws  of  the  State  of 
Utah,  as  far  as  it  lies  in  the  power  of  the  said  City  of  Stockton  to 
grant  the  same,  for  the  term  of  twenty-five  (25)  years  from  and  after 
the  twelfth  day  of  June,  1900,  subject  to  all  the  terms  and  conditions 
hereinafter  made  and  expressed,  the  franchise,  right  and  privilege  to 
lay  and  maintain  along,  upon  and  across  the  streets  and  portions  of 
streets  in  the  said  City  of  Stockton  as  hereinafter  described,  a  roadbed 
and  railroad  track,  with  the  privilege  of  running  and  operating  loco- 
motives and  cars  by  steam  thereon;  which  said  streets  and  portions  of 
streets  in  said  City  of  Stockton  are  described  as  follows,  to-wit: 

Commencing  at  a  point  upon  the  existing  siding  of  the  Central 
Pacific  Railroad  on  Sacramento  street,  between  Hazelton  avenue  and 
Church  street,  about  95  feet  north  of  the  north  line  of  Hazelton  ave- 
nue, thence  extending  southerly  along  Sacramento  street,  within  tho 
curb  lines  thereof,  to  the  northerly  line  of  Hazelton  avenue,  thence 
across  said  avenue  in  a  southerly  direction  about  115  feet  to  a  con- 
nection with  a  sidetrack  between  Hazelton  and  Scott's  avenues — said 
sidetrack  being  parallel  to  the  main  line  of  the  Central  Pacific  Rail- 
road and  not  more  than  42  feet  easterly  therefrom  and  so  located  as 
not  to  encroach  on  the  official  sidewalk  on  the  easterly  side  of  Sacra- 
mento street  between  Hazelton  and  Scott's  avenues. 

Sec.  2.  The  rights  and  privileges  hereby  granted  to  said  Central 
Pacific  Railway  Company  are  dependent  for  their  continuance  and 
validity  upon  the  performance  by  said  company,  its  successors  or 
assigns,  of  the  following  conditions,  to-wit:  - 


ORDINANCES.  149 


First — The  said  railway  company,  its  successors  or  assigns,  shall 
construct  and  maintain  the  tracks  and  roadbeds  hereinbefore  mentioned 
on  said  streets  to  the  official  grade  thereof  when  required  to  do  so  by 
order  of  the  said  City  Council. 

Second — Said  railway  company,  its  successors  or  assigns,  shall 
keep  the  roadbed  and  track  aforesaid  in  good  condition,  with  proper 
slope  where  the  track  or  roadbed  crosses  any  of  the  streets  herein 
mentioned,  so  as  to  enable  teams  and  carriages  to  cross,  recross  and 
pass  over  the  same,  and  at  such  crossings  shall  keep  the  streets  in 
good  repair  between  the  tracks  and  along  and  within  the  distance  of 
two  feet  upon  each  side  of  the  track  occupied  by  said  company,  its 
-successors  or  assigns. 

Third — The  said  company,  its  successors  or  assigns,  in  laying  and 
maintaining  the  track  and  roadbed  herein  described  and  in  running 
and  operating  locomotives  and  cars  thereon,  shall  not  unnecessarily 
obstruct  thereby  the  free  use  of  said  streets. 

Sec.  3.  At  no  time  shall  the  cars  or  trains  of  said  company,  its 
successors  or  assigns,  be  allowed  to  stand  upon  any  street  crossing 
except  for  the  purpose  of  operating  the  same,  and  then  not  longer  than 
ten  minutes  at  any  one  time. 

Sec.  4.  If  the  said  Central  Pacific  Railway  Company  shall  fail 
lor  thirty  days  after  the  passage  of  this  Ordinance  to  accept  in  writing, 
•duly  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  franchise 
and  Drivilege  herein  granted,  or  to  commence  in  good  faith  and  duly 
prosecute  the  construction  of  its  said  roadbed  and  track  within  sixty 
■days  from  the  approval  of  this  Ordinance,  then  this  Ordinance  shall 
be  of  no  force  and  effect  as  a  grant  unto  said  corporation. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


ORDIXAXC  E    Xo.    294. 

(Approved  June  1,   1901.)     O.  B.  6—116. 

Granting  to  the  Centra!  Pacific  Railway  the  Right  to  Lay  Down,  Main- 
tain and  Operate  a  Railroad  Upon,  Along  and  Across  Certain 
Streets  and    Levees   in   the   City  of   Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  There  is  hereby  granted  to  the  Central  Pacific  Railway 
Company,  a  railroad  corporation  incorporated,  organized  and  existing 
under  the  laws  of  the  State  of  Utah,  its  successors  and  assigns,  the 
right  to  lay  down,  maintain  and  operate  by  means  of  steam  locomotives, 
<^lectricity  or  other  lawful  motive  power,  for  the  terai  of  fifty  (50) 
years  from  and  after  the  passage  of  this  Ordinance,  a  single-track 
railroad,  with  all  necessary  switches,  turnouts,  spurs  and  sidings,  along, 
across  and  upon  certain  public  streets  and  levees  of  the  City  of  Stock- 
ion,  said  single  track,  spurs  and  sidings  to  be  located  as  follows: 

A  single  track  commencing  at  a  point  in  Sacramento  street  one 
hundred  and  twenty  (120)  feet  south  of  the  south  line  of  Scott's  avenue, 
thence  curving  to  the  left  across  Scott's  avenue  through  the  block 
bounded  by  Scott's  and  Hazelton  avenues,  Aurora  and  Sacramento 
streets,  to  Hazelton  avenue,  thence  west  along  the  center  line 
of  Hazelton  avenue  to  the  westerly  line  of  El  Dorado 
sttreet,    thence    in    a    general    westerly    and    northwesterly    direction 


150  ORDINANCES. 


along  and  across  Hazelton  avenue  and  Mormon  levee  to  the  northerly 
line  of  Hazelton  avenue,  thence  along  Mormon  levee  In  a  general  north- 
westerly direction  to  a  point  west  of  Monroe  street  and  south  of  block 
U  (such  track  to  be  at  no  point  less  than  fifty  (50)  feet  from  the  official 
line  of  Mormon  Channel),  thence  turning  to  the  right  through  block 
U  into  Van  Buren  street,  thence  along  the  center  line  of  said  street 
to  a  point  between  Main  street  and  Weber  avenue,  thence  turning  to 
the  left  through  block  E  to  Weber  avenue,  connecting  thereon  between 
Van  Buren  and  Lincoln  streets  with  the  tracks  of  the  Southern  Pacific 
Railroad  of  California  now  in  place  on  such  avenue. 

A  spur  track  beginning  one  hundred  and  sixty  (160)  feet  east  of 
the  east  line  of  Center  street  on  Hazelton  avenue,  thence  running  in  a 
general  westerly  and  northwesterly  direction  for  about  three  hundred  and 
forty  (340)  feet  along  and  across  Hazelton  avenue  to  the  north  line 
thereof. 

A  spur  track  beginning  twenty  (20)  feet  west  of  the  west  lino 
of  Center  street  on  Hazelton  avenue  and  running  thence  in  a  general 
westerly  direction  five  hundred  (500)  feet,  more  or  less,  along  Hazelton 
avenue  and  Mormon  levee. 

A  spur  track  beginning  at  a  point  on  the  principal  track  of  the 
Central  Pacific  Railway  upon  Hazelton  avenue  forty  (40)  feet  west  of 
the  west  line  of  El  Dorado  street,  thence  running  southwesterly  along 
and  across  Hazelton  avenue.  Center  street  and  Mormon  Channel  on  a 
curve  to  the  left  having  a  radius  of  five  hundred  andi  twenty-four  and 
thirty-five  one-hundredths  (524  35-100)  feet  for  a  distance  of  five  hun- 
dred and  sixteen  (516)  feet;  thence  on  a  straight  line  tangent  to  the 
aforesaid  curve  seventy-two  (72)  feet;  thence  on  a  curve  to  the  right 
having  a  radius  of  three  hundred  and  eightj^-two  and  twenty-four  one- 
hundredths  (382  24-100)  feet  into  and  along  Scott's  avenue  four  hundred 
and  seventy-eight  (478)  feet,  more  or  less,  to  a  point,  thence  westerly 
on  a  tangent  to  said  curve  two  hundred  and  ninety  (290)  feet,  more 
or  less,  thence  on  a  curve  to  the  left  having  a  radius  of  seven  hundred 
and  sixteen  and  thirty-four  one-hundredths  (716  34-100)  feet,  to  the 
center  line  of  Scott's  avenue  west  of  Monroe  street;  thence  westerly 
along  said  center  line  of  Scott's  avenue  a  distance  of  nineteen  hun- 
dred and  seventy-two  (1,072)  feet  to  the  channel  known  as  "Buell 
Canal." 

A  spur  track  beginning  at  a  point  on  the  last  above  described 
spur  track  sixty-two  (62)  feet  east  of  the  west  line  of  Madison  street 
and  running  thence  westerly  along  Scott's  avenue  parallel  to  and 
eighteen  (18)  feet  from  the  southerly  line  from  such  avenue  to  the 
easterly  line  of  Monroe  street,  a  distance  of  about  three  hundred  anct 
sixty  (360)  feet. 

A  spur  track  switching  to  the  left  out  of  the  same  spur  track 
from  which  the  spur  track  last  above  named  begins  and  at  a  point 
about  five  hundred  and  twenty  (520)  feet,  measured  southwesterly, 
along  said  first-named  .-^pur  track  from  the  point  of  its  junction  with  the 
principal  track  of  the  Central  Pacific  Railway  on  Hazelton  avenue  and 
running  southerly  on  a  curved  line  across  Mormon  Channel,  Scott's 
levee  and  Scott's  avenue  a  distance  of  three  hundred  and  ten  (310) 
feet,  more  or  less,  to  a  point  on  the  south  side  of  Scott's  avenue  about 
one  hundred  and  seventy-five  (175)  feet  west  of  the  west  line  of  Center 
street. 

A  spur  track  beginning  at  a  point  on  the  single  track  along  Hazel- 
ton  avenue   first   above    described    about   one    hundred    and    sixty-five 


ORDINANCES.  151 


(165)  feet  westerly  from  and  at  right  angles  to  the  westerly  line  of. 
Commerce  street,  thence  curving  to  the  right  and  running  northerly 
along  Mormon  levee  or  Madison  street  about  twenty-six  (26)  feet  west 
of  and  parallel  to  the  westerly  line  of  blocks  16  2-3  and  16  1-3,  a  dis- 
tance of  six  hundred  (600)  feet  more  or  less. 

A  spur  track  connecting  with  the  single  track  first  described 
above  in  block  U  and  runnmg  thence  across  Van  Buren  street  and 
Mormon  levee  in  a  northwesterly  direction  to  a  point  on  the  south  line 
cf  Lafayette  street  about  seventy  (70)  feet  west  of  the  southwest 
comer  of  Lafayette  and  Van  Buren  streets. 

Sec.  2.  The  rights  and  privileges  hereby  granted  to  said  railroad 
companj^  are  dependent  for  their  continuance  and  validity  upon  the 
performance  by  said  company,  its  successors  or  assigns,  of  the  follow- 
ing conditions,  to-wit: 

First — The  said  railroad  company,  its  succesors  or  assigns,  shall 
construct  and  maintain  the  tracks  and  roadbeds  herein  before  men- 
tioned upon  said  streets  to  the  official  grade  thereof  when  required  to 
do  so  by  order  of  the  said  City  Council. 

Second — The  said  railroad  company,  its  successors  or  assigns,  shall 
keep  the  roadbeds  and  tracKS  aforesaid  in  good  condition,  with  proper 
slope  where  ihe  tracks  or  roadbed  cross  any  of  the  streets  herein 
mentioned  so  as  to  enable  teams  and  carriages  to  cross,  recross  and 
pass  over  the  same.  Said  corporation  shall,  upon  the  order  of  the  said 
City  Council,  grade  or  regrade,  gravel  or  regravel,  plank  or  replank, 
pave  or  repave,  macadamize  or  remacadamize,  pile  or  repile  with  such 
material  as  shall  be  o.    .    ..  v      cunc'il,  any  and  all  portions 

of  the  said  streets  along  which  its  said  tracks  are  laid  between  the 
rails  thereof,  and  for  a  width  extending  two  feet  on  each  side  of  said 
tracks.  The  said  company,  its  successors  or  assigns,  in  laying  and 
maintaining  the  tracks  and  roadbeds  herein  described,  and  in  oper- 
ating the  same,  shall  not  unnecessarily  obstruct  thereby  -the  free  use 
of  said  streets. 

Sec.  3.  At  no  time  shall  the  cars  or  trains  of  said  company,  its 
successors  or  assigns,  be  allowed  to  stand  upon  any  street  crossing, 
except  for  the  purpose  of  operating  the  same,  and  then  not  longer  than 
ten  minutes  at  any  one  time. 

Sec.  4.  If  the  said  Central  Pacific  Railway  Companj'  shall  fail 
for  thirty  days  after  the  passage  of  this  Ordinance  to  accept,  in  writing, 
duly  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  right  of  way 
and  privileges  herein  granted,  or  to  commence  in  good  faith  and  duly 
prosecute  the  construction  of  said  roadbed  and  tracks  within  one 
hundred  and  fifty  (150)  days  after  the  passage  and  approval  of  this 
Ordinance,  then  this  Ordinance  shall  be  of  no  force  and  effect  as  a 
grant  tO"  said  company  and  shall  become  void. 

Sec.  5.  The  said  Central  Pacific  Railway  Company  must  also  a.s 
a  further  condition  of  the  granting  of  the  aforesaid  privileges  arrange 
with  the  Southern  Pacific  Railroad  Company  for  and  secure  the  re- 
moval within  thirty  (30)  days  after  the  completion  of  the  tracks 
hereinbefore  described,  of  the  track  or  tracks  owned  and  operated  by 
said  Southern  Pacific  Railroad  Company  upon  Weber  avenue,  between 
the  east  line  of  Aurora  street  and  a  point  one  hundred  (100)  feet  west 
of  the   v\^est  line  of  El  Dorado  street,   said  portion  of  Weber  avenue 


152  ORDINANCES. 


from  which  said  track  or  tracl.'s  are  removed  to  be  left  in  good  and 
passable  condition;  also  for  the  abandonment  for  railroad  purposes 
by  said  Southern  Pacific  Railroad  Compan^^  of  the  aforesaid  portion  of 
Weber  avenue. 

Sec.  6.  The  Central  Pacific  Railway  Company  must  also  as  a  fur- 
ther condition  of  the  granting  of  the  aforesaid  privileges  grade  Van 
Buren  street  between  Weber  avenue  and  Lafayette  street  to  the  official 
£;rade  for  the  full  width  of  said  thoroughfare  between  property  lines. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


Ol^DIXANCE   No.   295. 

(Approved  June  1,   1901.)      O.  B.   6—121. 

Granting  to  the  Central  Pacific  Railway  Comoany  the  Right  to  Lay 
Down.  Maintain  and  Operate  a  Railroad  Upon,  Along  and  Across 
Sacramento  and  Other  Streets  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  There  is  hereby  granted  to  the  Central  Pacific  Railway 
Company,  a  railroad  corporation,  incorporated,  organized  and  existing 
und^r  the  laws  of  the  State  of  Utah,  its  successors  and  assigns,  the 
right  to  lay  down,  maintain  and  onerate  by  means  of  steam  locomotives, 
electricity  or  other  lawful  motive  power,  for  the  term  of  fifty  years 
from  and  after  the  passage  of  this  Ordinance,  the  following  described 
sidetracks  and  spurs,  to-v/it: 

A  sidetrack  commencing  at  a  noint  on  Sacramento  street  one  hun- 
dred and  thirty  (130)  feet  north  of  the  north  line  of  Taylor  street,  and 
running  thence  along  Sacramento  street,,  on  the  easterly  side  thereof, 
twenty-six  (2&)  feet  from  and  parallel  to  the  main  track  of  the  Central 
Pacific  Railway  on  such  thorous-hfare  to  a  conrection  with  existing 
sidings  a  short  distance  north  of  the  north  line  o-f  Lafayette  street. 

A  sidetrack  I'eginning  at  a  point  on  Sacramento  street  at  its  inter- 
section with  Scott's  avenue  (said  track  to  connect  with  the  track  run- 
ning westerly  toward  and  along  fTazelton  avenue),  thence  running 
northerly  along  the  westerlv  side  of  Sacramento-  street  thirteen  (13) 
feet  from  and  parallel  to  the  main  track  of  the  Central  Pacific  Railway 
to  a  connection  with  existing  sidetrack  of  such  company  about  one 
hundred  and  severty-five  (175)  feet  north  of  the  north  line  of  Church 
street.  A  spur  track  beeirning  at  a  point  on  the  last  above  described 
sidetrack  at  the  northerlv  line  of  Hazelton  avenue  and  running  north- 
erly along  Sacramento  street  anproximately  parallel  to  and  eleven  (11) 
feet  distant  from  said  sidetrack  to  the  southerly  line  of  Church  street, 
a.  distance  of  about  three  hundred  (300)  feet. 

A  single  track  beginning  at  a  point  on  Sacramento  street  on  one 
of  the  existing  sidings  of  the  Central  Pacific  Railway  thirty  (30)  feet 
north  of  the  north  line  of  Main  street  and  curving  thence  to  the  east 
across  Sacramento  street  through  block  236  to  a  connection  on  Weber 
avenue  with  the  main  line  of  the  Southern  Pacific  Railroad  of  Cali- 
fornia on  such  street  at  a  point  located  about  fifty  (50)  feet  east  of  the 
west  line  of  Union  street. 

A  spur  track  commencing  on  Sacramento  street  at  a  point  twenty 
(20)  feet  north  of  the  south  line  of  Miner  avenue  and  running  thence 


ORDINANC^ES.  153 


to  the  left  on  a  curved  line  ?.  distance  of  about  two  hundred  and  twentj' 
•■(220)  feet  to  a  ]X)int  on  the  west  line  of  Sacramento  street  one  hun- 
dred and  thirty  (130)  feet  north  of  the  north  line  of  Miner  avenue. 

A  spur  track  (being  an  extension  of  existing  spur  in  block  242)  to 
<'ross  Main  street  about  midway  between  Sacramento  and  Union  streets. 

A  spur  track  beginning  at  a  point  on  Sacramento  street  on  one  of 
the  sidetracks  of  the  Central  Pacific  Railway  about  fifty  (50)  feet  south 
of  the  south  line  of  Lafayette  street  and  running  thence  along  Sacra- 
mento street  and  across  Lafayette  street  into  the  property  of  the  Cen- 
tral Pacific  Railway  in  bloclc  254. 

Sec.  2.  The  rights  and  privileges  granted  to  said  railroad  com- 
pany are  dependent  for  their  continuance  and  validity  upon  the  per- 
formance by  the  said  railroad  com  pan  j^  of  the  following  conditions, 
to-wit : 

First — The  said  railroad  company  shall  construct  and  maintain, 
"the  tracks  and  roadbeds  hereinbefore  mentioned  to  the  official  grade  of 
the  streets  of  said  city  when  required  to  do  so  by  order  of  the  City 
Council. 

Second^The  said  railroad  company  shall  keep  the  tracks  and  r^-^d- 
beds  aforesaid  in  good  condition,  with  proper  slope  where  the  tracks 
or  roa.dbeds  cross  any  of  the  streets  herein  mentioned  to  enable  teams 
to  cross,  pass  and  repass  over  the  same.  And  said  corporation  shall, 
upon  the  order  of  the  said  City  Council,  grade  or  regrade,  gravel  or 
regravel,  plank  or  replank,  pave  or  repave,  macadamize  or  remacadam- 
ize,  pile  or  repile,  with  such  material  as  shall  be  ordered  by  said  City 
Council,  any  or  all  portions  of  the  said  street  along  which  the  afore- 
said track  is  laid  between  the  rails  thereof,  and  for  a  width  extending 
two  (2)  feet  on  each  side  ct  said  track. 

Third — The  said  company,  in  laying  and  maintaining  the  tracks 
and  roadbeds  herein  described  and  operating  the  same,  shall  not  un- 
necessarilj'  obstruct  thereby  the  free  use  of  said  streets. 

Sec.  3.  At  no  time  shall  the  cars  or  trains  of  said  company  be 
allowed  to  stand  upon  and  across  any  street  crossing  except  for  the 
purpose  of  operating  the  same,  and  then  not  longer  than  ten  minutes 
for  any  one  time. 

Sec.  4.  If  the  said  Central  Pacific  Railway  Company  shall  fail  for 
thirty  (30)  days  after  the  passage  of  this  Ordinance  to  accept  in 
writing,  duly  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the 
right  of  way  and  privileges  herei".i  granted  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  said  roadbed  and  tracks 
within  one  hundred  and  eighty  (180)  days  after  the  passage  and 
approval  of  this  Ordinance,  chen  this  Ordinance  shall  be  of  no  force  and 
■effect  as  a  grant  to  said  company  and  shall  become  void. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


OKDTNANCE  No.  39. 

Granting  to  Parties  Herein  Named  the  Privilege  to  Construct  a  Railroad 

in  the  City  of  Stockton. 

(Being  originally  No.  72,  approved  April  3,  1878.) 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  There  is  hereby  granted  to  J.  F.  Miller  and  such  other 
persons  as  may  be  associated  with   him,  his  and  their  grantees  and 


154  ORDINANCES. 


assigns,  in  accordance  with  apd  subject  to  the  provisions  of  Title  IV 
•of  Part  IV  of  Division  First  of  the  Civil  Code,  the  right  to  lay  down 
and  maintain  for  the  term  of  twenty-five  years  from  and  after  the 
passage  of  this  Ordinance,  a  single-track  railway,  with  all  necessary 
and  convenient  tracks  for  curves,  turnouts,  switches,  sidetracks  an.d- 
appendages,  in,  on,  over  pnd  along  the  following-named  streets  and 
levees  in  said  City  of  Stockton — that  is  to  say,  commencing  at  the 
tangent  point  of  the  curve  in  the  sidetrack  on  Mormon  avenue  extend- 
ing from  the  track  of  the  Central  Pacific  Railroad  Company,  said  point 
being  43 1^  feet  east  of  the  east  line  of  Center  street  and  71  feet  south 
of  the  north  line  of  Mormon  avenue;  thence  continuing  on  a  compound 
curve  of  76  degrees,  46  minutes,  30  seconds  curvature,  about  535  feet 
to  the  second  door  in  Potter's  warehouse,  at  a  point  about  175  feet  west 
from  the  southwest  comer  of  Center  street  and  Scott's  avenue,  the 
construction  of  said  road  actually  and  in  good  faith  to  be  commenced 
within  three  months  from  the  date  of  this  Ordinance  and  to  be  com- 
pleted en  or  before  one  year  from  and  after  this  date. 

Sec.  2.  The  owners  of  said  railroad  or  their  agents  shall,  upon 
order  of  the  Street  Commissioner  of  said  city,  or  the  order  of  said 
Council,  plank,  pave  or  macadamize  any  of  that  portion  of  Mormon, 
avenue  or  Scott's  avenue  along  which  their  track  shall  be  laid,  the 
whole  length  thereof,  between  the  rails  and  track,  and  for  a  width 
extending  five  feet  on  each  side  of  the  track,  and  keep  the  same. 
Including  crossings,  constantly  in  repair,  flush  with  the  street,  and  in 
case  said  crossings  are  taken  up  they  must  forthwith  be  replaced  and 
the  work  of  laying  the  same  must  be  done  in  each  case  under  the 
direction  of  the  Street  Commissioner  of  said  city,  and  to  the  satisfac- 
tion of  the  Stree^^  Committee  of  this  Council,  and  in  no  case  shall  said 
grantee  be  permitted  to  run  or  operate  said  road  until  the  manner 
of  laying  the  said  track  has  been  approved  by  the  Street  Commissioner 
and  the  said  Street  Committee. 

Sec.  3.  At  no  time  shall  said  railroad  cars  be  allowed  to  stand 
across  any  street  crossing,  nor  shall  said  cars  be  allowed'  to  stand  on 
any  street,  except  for  the  purpose  of  operating  the  same,  and  then  not 
longer  than  fifteen  minutes  at   any  one  time. 

Sec.  4.  Whenever  the  interests  of  commerce  and  the  navigation 
of  Mormon  Channel  demand  the  same,  the  said  .J.  F.  Miller,  his  asso- 
ciates, grantees  or  assigns,  shall  forthwith,  upon  the  order  of  this. 
Council,  place  and  construct  in  said  trackway  across  said  channel  a 
good  and  sufficient  drawbridge,  for  the  purpose  of  navigation  on  said 
channel,  and  shall  thereafter  maintain  the  same  in  good  working  order 
at  his  or  their  own  proper  charge  and  expense,  and  under  the  direction 
of  this  Council. 

Sec.  5.  A  failure  to  comply  with  the  provisions  of  this  Ordinance 
relating  to  the  times  fixed  respectively  for  the  commencement  and 
completion  of  the  construction  of  said  railroad  work  a  forfeiture  of  the 
right  of  way  and  all  the  privileges  herein  granted. 

Sec.  6.  This  Ordinance  shall  be  of  no  effect  to  vest  the  rights  and 
privileges  herein  granted  or  delegated  unless  said  J.  F.  Miller,  on 
behalf  of  himself  and  associates,  and  all  others  claiming  by,  through  or 
under  him  and  them,  shall,  within  thirty  days  after  the  passage  thereof, 
accept  the  grants  and  privileges  herein  and  hereby  granted  and  ex- 
tended, together  with  all  and  singular  the  provisions,  restrictions  and 
conditions  set  forth  and  incident  thereto,  and  file  within  such  time  a. 
-cxjpy  of  such  acceptance  with  the  City  Clerk, 


ORDINANCES.  155. 


OlIDIXAXCE   No.    152. 

(Approved  June  IS,  1895.) 

•An  Ordinance  Granting  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company,  Its  Successors  and  Assigns,  for  a  Term  of  Fifty 
Years  From  the  Twenty-Sixth  Day  of  February,  1895,  the  Franchise, 
Right,  Permission  and  Privilege  to  Lay  and  Maintain  Railroad 
Tracks  and  to  Pass  With  and  Operate  a  Steam  Railroad  Along, 
Upon  and  Across  Certain  Streets  and  Portions  of  Streets,  Levees: 
and  Portions  of  Levees  and  Other  Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  San  Fran- 
cisco and  San  Joaquin  V:>.lley  Railway  Company,  a  railroad  corporation 
duly  organized  and  incorporated  as  such  under  and  by  virtue  of  the 
laws  of  the  State  of  California,  and  having  its  office  and  principal  place- 
of  business  in  the  City  and  County  of  San  Francisco,  State  of  Cali- 
fornia, its  successors  and  assigns,  so  far  as  it  lies  within  the  power  of 
the  said  City  of  Stockton  to  grant  the  same,  for  the  term  of  fifty  years 
from  the  twenty-sixth  day  of  February,  1895,  subject  to  all  the  terms, 
conditions  and  limitations  hereinafter  made  and  expressed,  the  fran- 
chise, right  and  privilege  to  lay  and  maintain  along,  upon  and  across 
the  streets  and  portions  of  streets,  levees  and  portions  of  levees  and 
other  places  in  the  said  City  of  Stockton,  County  of  San  Joaquin,  State 
of  California,  as  hereinafter  described,  tracks,  and  to  pass  with  and 
operate  a  steam  railroad  thereon,  and  to  construct  and  maintain  thereon 
a  roadbed  of  standard  broad-gauge  width,  and  to  lay  down  and  main- 
tain thereon  a  track  or  tracks  of  standard  width,  together  with  all  the 
necessary  curves,  sidetracks,  spurs  and  switches  for  the  convenient 
use  thereof,  and  to  run  locomotives  and  cars  thereon;  which  said 
streets  and  portions  of  st?  eets.  levees  and  portions  of  levees  and  other 
places  in  the  said  City  of  Stockton,  County  of  San  Joaquin,  State  or" 
California,  and  the  said  roadbeds,  tracks,  sidetracks,  spurs,  curves  and 
switches  are  described  as  follows,  to-wit: 

On  Taylor  street,  from  the  east  line  of  East  street  to  the  west  line 
of  Edison  street,  for  a  double  track,  the  center  lines  of  tracks  to  be 
eighteen  (18)  feet  apart,  placed  equal  distances  each  side  of  the 
center  line  of  the  street. 

On  Edison  street,  from  the  south  line  of  South  street  to  the  south 
line  of  Weber  avenue,  for  a  double  track,  the  center  lines  of  tracks  to 
be  eighteen  (18)  feet  apart,  placed  equal  distances  each  side  of  the 
center  line  of  the  street. 

On  Weber  avenue,  from  the  east  line  of  Madison  street  to  the  west 
line  of  the  city  boundary,  for  a  single  track,  the  center  line  to  be 
eighteen  (18)  feet  north  and  parallel  to  the  main  line  of  the  Stockton 
and  Copperopolis  Railroad  on  said  avenue,  where  said  Stockton  and 
Copperopolis  Railroad  is  now  constructed  on  said  avenue,  and  in 
center  of  avenue,  where  no  railroad  now  exists. 

For  a  spur  track  beginning  on  Taylor  street  about  one  hundred 
and  twenty-five  (125)  feet  east  of  the  east  line  of  Hunter  street;  run- 
ning thence  in  a  curved  line  northeasterly  across  Taylor  and  Hunter 
streets  through  block  22,  south  of  Mormon  Channel ;  thence  diagonally 
across  El  Dorado  street,  block  21,  south  of  Mormon  Channel  and  Scott's 


156  ORDINANCES. 


avenue,  to  the  center  line  of  Center  street;  thence  in  a  curved  line  with 
five  hundred  and  seventy-four  (574)  feet  radius,  across  Center  street, 
Scott's  avenue,  Scott's  levee.  Mormon  Channel,  Momion  levee  and 
across  Hazelton  avenue  to  the  center  line  of  Commerce  street  on  the 
north  line  of  Hazelton  avenue. 

On  Scott's  avenue,  for  a  double  track  from  the  west  line  of  Hunter 
street  to  the  west  line  of  Madison  street,  the  center  lines  of  track  to  be 
sixty  (60)  feet  and  forty-two  (42)  feet,  respectively,  from  and  parallel 
lo  the  south  line  of  Scott's  avenue. 

For  a  spur  track  beginninf?  on  Scott's  avenue  about  twenty  (20) 
feet  east  of  the  east  line  of  Commerce  street;  running  thence  in  a 
northwesterly  direction  on  a  curbed  line  with  a  radius  of  five  hundred 
and  seventy-four  (574)  feet  across  Scott's  avenue  and  Scott's  levee  to 
Madison  street,  on  Scott's  leveo;  thence  diagonally  across  Madison 
street  and  Scott's  levee  to  the  east  line  of  block  131/4  south  of  Mormon 
Channel;  thence  on  a  curved  line  radius  five  hundred  and  seventy-four 
(574)  feet  across  block  13 V2,  south  of  Mormon  Channel,  and  across 
Monroe  street  to  the  center  line  of  Kearny  street  at  a  point  about  one 
hundred  and  fifty  (150)  feet  west  of  the  west  line  of  Monroe  street: 
thence  westerly  along  the  center  line  of  Kearny  street  to  the  west  line 
of  Edison  street. 

For  a  siding  on  Taylor  street  from  the  east  line  of  Hunter  street 
to  the  west  line  of  Edison  street,  the  center  line  to  be  twenty-two  (22  > 
leet  north  of  the  center  line  of  Taylor  street. 

For  a  single  track  beginning  on  Taylor  street  one  hundred  and 
fifty  (150)  feet  east  of  the  east  line  of  Harrison  street  and  extending 
northwesterly  on  a  curved  line  with  five  hundred  and  seventy-four 
(574)  feet  radius  across  Taylor  and  Harrison  streets,  across  block  four- 
teen (14),  south  of  Mormon  Channel,  across  Scott's  avenue  and  across 
Edison  street  to  a  point  in  Edison  street  about  one  hundred  and  seventy 
(170)  feet  north  of  the  north  line  of  Scott's  avenue;  said  track  to  con- 
nect the  tracks  on  Edison  and  Taylor  streets. 

For  a  double  track  beginning  at  a  point  on  Taylor  street  about  one 
hundred  and  fifty  (150)  feet  east  of  the  east  line  of  Harrison  street 
and  extending  southwesterly  in  a  curved  line  with  radius  of  five 
hundred  and  seventy-four  (574)  feet  across  Taylor  street,  Harrison 
street,  block  29,  south  of  Mormon  Channel,  across  Worth  street  to  a 
point  on  Edison  street  about  one  hunired  and  seventy  (170)  feet  south 
tDf  the  south  line  of  Worth  street,  said  track  to  connect  the  tracks  on 
Taylor  and  Edison  streets. 

For  a  single  track  beginning  at  a  point  on  Edison  street  about  one 
hundred  and  seventy  (170)  feet  south  of  the  south  line  of  Main  street; 
thence  in  a  northeasterly  direction  in  a  curved  line  with  a  radius  of 
five  hundred  and  seventy-four  (574)  feet  across  Edison  street,  Main 
street,  block  G,  west  of  Center  street,  and  Weber  avenue,  to  a  point 
about  one  hundred  and  fifty  (150)  feet  east  of  the  east  line  of  Harrison 
street,  said  track  to  connect  the  tracks  on  Edison  street  and  on  Weber 
avenue. 

For  a  single  track  extending  from  a  point  on  Edison  street  about 
the  center  line  of  Main  street  in  a  northwesterly  direction  on  a  curved 
line  with  a  radius  of  three  hundred  and  seventy-five  (375)  feet  across 
Edison  street,  a  lot  belonging  to  C.  M.  Weber  and  Julia  H.  Weber, 
ti cross  Weber  avenue  to  a  point  about  three  hundred  and  fifty  (350  > 
feet  west  of  the  west  line  of  Edison  street.  This  track  to  connect  the 
tracks  on  Edison  street  and  Weber  avenue. 


ORDINANCES.  157 


For  a  spur  from  a  ])oint  on  Weber  avenue  about  four  hundred  (400) 
feet  east  of  the  west  city  boundary;  thence  northwesterly  on  a  curved 
line  across  Weber  avenue  to  the  property  of  the  Stockton  Water- 
Front  Company.    Switches  situate  at  intersections  of  all  of  said  tracks. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to. 
said  corporation  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  their  said  roadbeds  in  said  City  of  Stockton  to  the  official 
g-rade  of  the  said  streets,  levees  and  other  places,  and  shall  not  con- 
struct or  raise  any  portion  of  its  roadbeds  to  a  greater  height  than 
said  official  grades,  unless  with  the  permission  of  the  said  City  Council 
of  the  City  of  Stockton,  except  so  far  as  it  may  be  necessary  in  crossing 
the  roadbeds  and  tracks  of  other  railroads:  and  in  such  case  the  said 
ofiicial  grade  shall  not  be  exceeded  by  the  grade  of  said  railroad  for  a 
greater  distance  than  300  feet  on  each  side  of  the  said  roadbeds  and 
tracks  of  other  railroads  so  crossed,  unless  the  usual  maximum  grade 
admissible  in  the  <;cnstruction  of  railroads  shall  be  exceeded  if  re- 
stricted to  300  feet,  in  which  event  the  distance  may  be  extended  until 
such  maximum  grade  is  reached,  and  shall  not  for  that  or  any  other 
purpose  remove  any  earth  from  or  make  any  excavations  in  any  of  the 
streets  or  levees  of  said  City  of  Stockton,  except  it  may  be  necessary 
so  to  do  for  the  purpose  of  constructing  culverts. 

Second — Said  corporation  siiall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbeds  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton  or  the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets,  and  shall  keep  such 
culverts  in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 
of  the  City  of  Stockton,  any  and  all  portions  of  the  said  streets  and 
levees  along  which  their  tracks  are  laid  between  the  rails  thereof  and 
for  a  width  of  two  feet  on  each  side  of  said  tracks,  and'  between  the 
tracks  where  the  same  are  double  tracks;  also  between  the  rails  and 
for  a  width  extending  two  feet  on  each  side  thereof  of  all  turns,  curves, 
sidetracks,  switches  and  appendages.  They  shall  keep  the  same,  in- 
cluding the  crossings,  constantly  in  repair  and  flush  with  the  streets, 
and  in  case  crossings  are  taken  up  they  must  be  replaced  immediately 
after  the  completion  of  the  work.  All  work  must  be  done  under  the 
supervision  and  to  the  satisfaction  of  the  Superintendent  of  Streets, 
and  in  no  case  shall  said  corporation,  its  successors  or  assigns,  be  per- 
mitted to  ran  or  operate  said  railroad  on  any  street  or  portion  of  street, 
or  levee  or  portion  of  levees,  or  other  places  where  the  said  track  or 
tracks  are  laid,  until  the  sajiie  have  been  approved  by  the  Superinten- 
dent of  Streets  or  by  the  said  City  Council  of  the  City  of  Stockton. 

Sec.  3.  For  the  purpose  of  laying,  other  than  the  original  con- 
struction thereof  or  repairing  said  railroad  or  any  part  thereof,  not 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one  time, 
nor  for  a  period  longer  than  thiity  working  days,  and  at  the  expiration 
of  said  thirty  days  said  corporation,  its  successors  or  assigns,  shall 
forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every  kind,  and 
leave  the  street  or  levee  or  portion  thereof  as  clean  and  in  as  good  order 
as  it  was  at  the  commencement  of  any  such  work. 


158  ORDINANCES. 


Sec.  4.  Said  con^oration  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes  to  enable  teams  to  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation  for 
the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves, 
sidetracks,  spurs  and  switches  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said 
roadbeds,  tracks,  curves,  sidetracks,  spurs  and  switches  are  to  be 
secured  by  said  corporation  from  the  owners  of  such  property. 

Sec.  6.  Said  corporation  shall,  in  crossing  Mormon  Channel,  in 
said  City  of  Stockton,  build  and  construct  a  good  and  substantial  track- 
way or  bridge,  with  a  good  and  sufficient  drawbridge,  for  the  purposes 
of  navigation  on  said  Mormon  Channel,  and  shall  thereafter  maintain 
the  same  in  good  working  order  at  its  own  expense  and  under  the 
control  an4  direction  of  the  City  Council  of  the  City  of  Stockton,  so  far 
as  said  City  Council  may  have  the  right  to  control  the  same,  and  shall 
obtain,  before  the  construction  thereof,  from  the  proper  authorities  of 
the  United  States,  the  consent  of  the  Government  of  the  United  States 
to  build  and  maintain  such  a  trackway  or  bridge  across  the  said  Mor- 
mon Channel. 

Sec.  7.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  railroad  within  sixty 
days  from  the  date  of  the  approval  of  this  Ordinance,  then  this  Ordi- 
nance shall  be  of  no  force  and  effect  as  a  grant  unto  said  corporation. 

Sec.  8.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


OTIDINANOE   No.    158. 

(Approved  August  30,  1895.) 

An  Ordinancce  Granting  to  the  Alameda  and  San  Joaquin  Railroad 
Company,  Its  Successors  and  Assigns,  for  the  Term  of  Forty-Nine 
Years  From  and  After  the  Twenty-Sixth  Day  of  June,  1895,  the 
Franchise,  Right,  Permission  and  Privilege  to  Lay  and  Maintain 
Railroad  Tracks,  and  to  Pass  With  and  Operate  a  Steam  or  Other 
Motive  Power  Railroad  Along,  Upon  and  Across  Certain  Streets 
and  Portions  of  Levees  and  Other  Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the    City    of     Stockton     as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Alameda 
and  San  Joaquin  Railroad  Company,  a  railroad  corporation  duly  or- 
ganized and  incorporated  as  such  under  and  by  virtue  of  the  laws  of 
the  State  of  California,  and  having  its  office  and  principal  place  of  busi- 
ness in  the  city  and  county  of  San  Francisco,  State  of  California,  its 
successors  and  assigns,  so  far  as  it  lies  within  the  power  of  the  said 
City  of  Stockton  to  grant  the  same,  for  the  term  of  forty-nine  years, 
from  the  26th  day  of  June,  1895,  subject  to  all  the  terms,  conditions 
and  limitations  hereinafter  made  and  expressed,  the  franchise,  right 
and  privilege  to  lay  and  maintain  along,  upon  and  across  the  streets 
and  portions  of  streets,  levees  and  portions  of  levees,  and  other  places  . 
in  the  said  City  of  Stockton,  County  of  San  Joaquin,  State  of  Cali- 
fornia, as  hereinafter  described,  tracks,  and  to  pass  with  and  operate  a v 
steam,  or  other  motive  power,  railroad  thereon,  and  to  construct  gjid 


ORDINANCES.  159 


Tnaintain  thereon  a  roadbed  of  stnndard  broad-guage  width,  and  to  lay 
down  and  maintain  thereon  a  track  or  tracks  of  standard  width,  tx)- 
^ether  with  all  necessary  cur\'es,  side  tracks,  spurs  and  switches  for 
the  convenient  use  thereof,  and  to  run  locomotives  and  cars  thereon; 
-which  said  streets  and  portions  of  streets,  levees  and  portions  of 
levees  and  other  places  in  the  said  City  of  Stockton.  County  of  San 
Joaquin,  State  of  California,  and  the  said  roadbeds,  tracks,  side  tracks, 
spurs,  curves  and  switches  are  described  as  follows,  to-wit: 

For  a  single  track  along  the  center  lire  of  Hunter  street,  from  the 
south  line  of  South  street  to  the  north  line  of  Scott's  avenue. 

For  a  single  track  along  the  center  line  of  Hazelton  avenue,  from 
the  east  line  of  East  street  to  the  east  line  of  Aurora  street;  thence 
<3.efleet.ing  south  with  a  curvature  and  reverse  curvature  of  five  hun- 
dred and  seven ty-fo!;r  (574)  feet  radii  to  a  line  eighteen  (IS)  feet  south 
•of  the  center  line  of  track  laid  and  maintained  on  said  Hazelton  avenue 
by  the  Central  Pacific  Railroad  Company  under  Ordinance  No.  36  (be- 
ing originally  Ordinance  No.  61,  approved  June  21st,  1877),  granted 
by  the  City  Council  of  the  City  of  Stockton  to  the  Central  Pacific  Rail- 
road Company;  thence  along  said  Hazelton  avenue  for  center  line  of 
track,  and  eighteen  (IS)  feet  south  of  the  center  line  of  the  aforesaid 
track  of  said  Central  Pacific  Railroad  Company,  to  the  west  line  of 
Center  street;  thence  along  Mormon  levee  for  center  lice  of  said  track 
•eighteen  (18)  feet  south  of  and  parallel  to  said  center  line  of  track  of 
the  said  (Central  Pacific  Railroad  Company,  to  the  north  line  of  Hazel- 
ton avenue  produced;  thence  continuing  along  Mormon  levee  at  a 
minimum  distance  of  fifty  (50)  feet  from  the  right  or  northerly  bank  of 
Mormon  Channel  to  a  Doint  on  the  south  line  of  block  S,  west  of 
Center  street,  and  about  one  hundred  and  twenty  (120)  feet  east  of  the 
-east  line  of  Harrison  street;  thence  northwesterly  along  a  curve  to 
the  right  of  four  hundred  and  ten  (410)  feet  radius  across  said  block 
S,'  west  of  Center  street,  Washington  street  and  Harrison  street,  to 
av  point  in  the  center  line  of  Harrison  street  about  one  hundred  and 
fifty  (150)  fe?t  north  of  the  north  line  of  Washington  street;  thence 
along  the  center  line  of  said  Harrison  street  to  a  point  about  one  hun- 
dred and  seventy-five  (175)  feet  south  of  the  south  line  of  Main  street; 
thence  northwesterly  along  a  curve  to  the  left  of  five  hundred  and 
seventy-four  (574)  feet  radius  across  Main  street,  Harrison  street, 
block  G,  west  of  Center  street,  and  Weber  avenue  to  a  point  eighteen 
(18)  feet  south  of  the  center  line  of  said  Weber  avenue;  thence  along 
•said  Webei-  avenue,  and  Weber  avenue  produced,  eighteen  (18)  feet 
south  of  and  parallel  to  the  center  lines  thereof  to  the  westerly  limits 
of  the  City  of  Stockton. 

For  a  single  track  extending  from  a  point  in  the  center  line  of 
Hunter  street  about  eighty  rSO)  feet  north  of  the  south  line  of  Scott's 
avenue  in  a  northeasterly  direction  on  a  curve  with  radius  of  four  hun- 
dred and  ten  (410)  feet  across  ITuuter  street,  Scott's  avenue,  block  B, 
east  of  Center  street,  and  Hazelton  avenue,  to  a  point  near  the  east 
line  of  San  Joaquin  street  and  eighteen  (18)  feet  south  of  the  center 
line  of  Hazelton  avenue,  said  track  to  connect  the  tracks  on  Hunter 
street  and  Hazelton  avenue. 

For  a  single  track  extending  from  a  point  in  center  line  of  Hunter 
street,  about  eighty  (80)  feet  north  of  the  south  line  of  Scott's  avenue, 
in- a  northwesterly  direction,  on  a  curve  with  radius  of  four  hundred 
and  ten  (410)  feet,  across  Hunter  street,  Scott's  avenue,  block  G, 
■east  of  Center  street,  and  Hazelton  avenue,  to  a  point  about  one  hun- 
dred and  fifty  (150)  feet  west  of  the  west  line  of  El  Dorado  street,  said 
track  to  connect  the  tracks  on  Hunter  street  and  Hazelton  avenue. 


160  ORDINANCES. 


For  a  swUch  track  on  Hazelton  avenue,  commencing  at  the  east 
line  of  El  Dorado  street  and  running  thence  northeasterly  and  coR-r 
necting  at  the  west  line  of  Hunter  street  with  the  track  laid  and  main- 
tained on  said  Hazelton  avenue  by  the  Central  Pacific  Railroad  Com- 
pany under  Ordinance  No.  36  (being  originally  Ordinance  No.  61,  ap- 
])roved  June  21st,  1877),  granted  by  the  City  Council  of  the  City  of 
Stockton  to  the  Central  Pacific  Railroad  Company. 

For  a  switch  track  on  the  northeast  side  of  the  main  track  on 
Mormon  levee,  commencing  at  a  point  on  said  levee  eighteen  (18)  feet 
west  of  the  center  iine  of  the  track  laid  and  maintained,  on  said  levee 
by  the  Central  Pacific  Railroad  Company  under  Ordinance  No.  36  (be- 
ing originally  Ordinance  No.  61,  approved  June  21,  1877),  granted  by 
ihe  City  Council  of  the  City  of  Stocitton  to  the  Central  Pacific  Railroad 
Company,  and  on  the  north  line  of  Hazelton  avenue  produced,  and  run- 
ning thence  northwesterly  and  connecting  again  with  said  main  track, 
at  or  near  the  east  line  of  Monroe  street. 

For  a  spur  track  commencing  on  Mormon  levee  at  the  west  lino 
of  Lincoln  street,  and  running  thence  northwesterly  and  westerly  along 
said  Mormon  levee  tO'  a  point  one  hundred  and  five  (105)  feet  west  to 
the  west  line  of  Harrison  street. 

For  a  single  track  commencing  at  a  point  on  Weber  avenue  pro- 
duced, about  eight  hundred  (800)  feet  west  of  the  west  line  of  Edison 
street;  thence  deflecting  south  on  a  curve  of  five  hundred  and  seventy- 
four  (574)  feet  radius,  across  said  Weber  avenue  produced,  to  a  point 
about  two  hundred  and  twenty  ^220)  feet  northerly  from  the  north 
bank  of  MoiTnon  channel;  thence  southwesterly  over  and  along  lands, 
of  the  Stockton  Water-front  tract,  at  a  mean  distance  of  about  two  hun- 
dred and  twenty  (220)  feet  from  the  right  or  northerly  bank  of  Mormon 
Channel  to  the  westerly  limits  of  the  City  of  Stockton. 

For  a  single  track  commencing  for  the  center  line  thereof  at  a 
point  about  one  hundred  and  fifty  (150)  feet  west  of  the  west  line  of 
Edison  street,  and  eighteen  (IS)  feet  south  of  the  center  line  of  Weber 
avenue,  and  running  thence  easterly  along  said  Weber  avenue  tO'  a  point 
on  the  east  line  of  Edison  street  thirty-one  (31)  feet  south  of  the  center 
line  of  Weber  avenue;  thence  continuing  easterly  along  said  Weber 
avenue  and  thirty-one  (31)  feet  south  of  the  center  line  thereof,  to  a 
point  one  hundred  and  twenty-five  (125)  feet  west  of  the  west  line  of 
Lincoln  street;  thence  deflecting  northerly  to  a  point  fifty  (50)  feet 
west  of  the  west  line  cf  Lincoln  street,  and  eighteen  (18)  feet  south  of 
the  center  line  of  Weber  avenue;  thence  continuing  easterly  along  said 
Weber  avenue  and  eighteen  (18)  feet  south  of  the  center  line  thereof 
to  the  west  line  of  Van  Buren  street;  thence  northeasterly  on  a  cui've,, 
to  the  left,  of  five  hundred  and  seventy-four  (574)  feet  radius,  one  hun- 
dred and  sevent3'-two  and  two-tenths  (172.2)  feet;  thence  northeasterly 
along  a  tangent  to  said  curve,  forty-two'  (42)  feet;  thence  northeasterly 
and  easterly  along  a  curve  of  four  hundred  and  seventy-eight  (478)  feet 
radius,  one  hundred  and  eighty-eight  and  two  tenths  (188.2)  feet;  . 
thence  easterly  aloLg  a  tangent  to  said  curve  of  four  hundred  and  sev 
ejity-eight  (478)  feet  radius,  twenty-four  (24)  feet;  thence  easterlyi 
along  a  curve  of  nine  hundred  and  fifty-five  (955)  feet  radius,  eighty- 
nine  and  three-tenths  (89.3)  feet,  to  a  point  thirty-three  (33)  feet  north 
cf  the  center  line  of  said  Weber  avenue;  thence  easterly  parallel  to 
and  thirty-three  (33)  feet  north  of  the  center  line  of  said  Weber  av- 
enue, to  a  point  one  hundred  (100)  feet  west  of  the  west  line  of  Mad-, 
ison  street.  '  ; 

For  a  switch  trad'"  commencing  at  a  point  near  the  west  line  oC . 
Edison  street,  and  running  thence  northwesterly  across  Weber  avenue „ 


ORDINANCES.  161 


to  connect  with  tho  tracks  of  the  Central  Pacific  Railroad  Company, 
Southern  Pacific  Railroad  Company,  and  the  San  Francisco  and  San 
Joaquin  Valley  Railway  Company  at  points  within  not  more  than  five 
hundred  (500)  feet  west  of  the  west  line  of  Edison  street. 

For  a  spur  track  commencini?:  at  a  point  on  Mormon  levee 
near  the  east  line  of  Monroe  street  and  running  thence  south- 
easterly along  said  Mormon  levee  to  the  east  line  of  Madison  street, 
to  connect  with  the  track  laid  and  maintained  on  said  Mermen  levee 
by  the  Central  Pacific  Railroad  Company  under  Ordinance  No.  36 
(being  originally  Ordina.nce  No.  61,  approved  June  21,  1877),  granted 
by  the  City  Council  of  the  City  of  Stockton  to  the  Central  Pacific 
Railroad  Company. 

For  a  switch  track  commencing  at  a  point  in  block  B,  east  ol 
Center  street,  about  thirty  (30)  feet  east  of  Hunter  street  and  one 
hundred  and  thirty  (130)  feet  north  of  the  north  line  of  Scott's  avenue, 
and  running  thence  southwesterly  on  a  curve  of  four  hundred  and  ten 
(410)  feet  radius  to  connect  Vv'ith  the  north  track  of  the  San  Francisco 
and  San  Joaquin  Valley  Railway  Company  on  Scott's  avenue. 

For  a  spur  track  commencing  at  a  point  on  the  south  side  of 
block  S,  west  of  Center  streeet  and  about  one  hundred  and  twenty 
(120)  feet  east  of  the  east  line  of  Harrison  street,  and  running  thence 
northwesterly  to  the  northwest  corner  of  said  block  S,  west  of  Center 
street. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  saicl  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down 
and  maintain  its  said  roadbeds  in  said  City  of  Stockton  to  the  official 
grade  of  the  said  streets,  levees  and  other  places  in  said  City  of 
Stockton,  and  shall  not  construct  or  raise  a.n>'  poition  of  its  roadbeds 
to  a  greater  height  than  said  ofiicial  grade,  unless  with  permission 
of  the  said  City  Council  of  the  City  of  Stockton,  except  so  far  as  it 
may  be  necessary-  in  crossing  the  roadbeds  and  tracks  of  other  rail- 
roads; and  in  such  case  the  said  oflBcial  grade  shall  not  be  exceeded 
by  the  grade  of  said  railroad  for  a  greater  distance  than  300  feet  on 
each  side  of  said  roadbeds  and  tracks  of  other  railroads  so  crossed, 
unless  the  usual  maximum  grade  admissible  in  the  construction  of 
railroads  shall  be  exceeded  if  restricted  to  300  feet,  in  which  event  the 
distance  may  be  extended  until  such  maximum  grade  is  reached,  and 
shall  not  for  that  or  any  other  purpose  remove  any  earth  from  or  make 
any  excavations  in  any  of  the  streets  or  levees  in  said  City  of  Stock- 
ton, except  it  may  be  necessary  so  to  do  for  the  purpose  of  constructing 
culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbed  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton,  or. the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets  thereof,  now,  or  at 
any  time  during  the  life  of  said  franchise,  and  shall  keep  such  culverts 
in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel. 


162  ORDINANCES. 


plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile  or 
repile,  with  such  material  as  shall  be  ordered  by  said  City  Council  of 
the  said  City  of  Stockton,  any  and  all  portions  of  the  said  streets  and 
levees  along  which  their  tracks  are  laid  between  the  rails  thereof  and 
for  a  width  extending  two  feet  on  each  side  of  said  tracks,  and  between 
the  tracks  of  the  aforesaid  corporation  where  the  same  are  double 
tracks;  also  between  the  rails,  and  for  a  width  extending  two  feet  on 
each  side  thereof  of  all  tunis,  curves,  sidetracks,  switches  and  ap- 
pendages. It  shall  keep  the  same,  including  the  crossings,  constantly 
in  repair  and  flush  with  the  streets,  and  in  case  crossings  are  taken  up 
they  must  be  replaced  immediately  after  the  completion  of  the  work. 
All  work  must  be  done  under  the  supervision  and  to  the  satisfaction 
of  the  Superintendent  of  Streets,  and  in  no  case  shall  said  corporation, 
its  successors  or  assigns,  be  permitted  to  run  or  operate  said  railroad 
on  any  street  or  portion  of  street,  or  levee  or  portion  of  levee,  or  other 
places  in  the  City  of  Stockton  where  the  said  track  or  tracks  are  laid 
until  the  same  shall  have  been  approved  by  the  Superintendent  ot 
Streets  and  by  the  said  City  Council  of  the  City  of  Stockton. 

Sec.  3.  For  the  purpose  of  laying,  other  than  the  original  con- 
struction thereof,  or  repairing  said  railroad,  or  any  part  thereof,  not 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one  time, 
nor  for  a  period  longer  than  thirty  working  days,  and  at  the  expiration 
of  said  thirty  days  said  corporation,  its  successors  or  assigns,  shall 
forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every  kind 
and  leave  the  street  or  levee,  or  portion  thereof,  as  clean  and  in  as 
good  order  as  it  was  at  the  commencement  of  any  such  work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes,  to  enable  teams  to  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation  for 
the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves^ 
sidetracks,  spurs  and  switches  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  secured 
by  said  corporation  from  the  owners  of  such  property. 

Sec.  6.  Said  corpcraation  shall,  in  crossing  Moraion  Channel,  in 
said  City  of  Stockton,  build  and  construct  a  good  and  substantial 
trackway  or  bridge,  and  shall  thereafter  maintain  the  same  in  good 
working  order  at  its  own  expense,  and  under  the  control  and  direction 
of  the  City  Council  of  the  City  of  Stockton,  so  far  as  said  City  Council 
may  have  the  right  to  control  the  same. 

Sec  7.  If  the  said  corporation  shall  fail  for  thirty  days  to 
accept,  in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton, 
the  franchise,  rights  and  privileges  herein  granted,  or  to  commence  in 
good  faith  and  duly  prosecute  the  construction  of  its  railroad  within 
sixty  days  from  the  date  of  the  approval  of  this  Ordinance,  then  this 
Ordinance  shall  be  of  no  force  and  effect  as  a  grant  unto  said  cor- 
poration. 

Sec.  8.  This  Ordinance  shall  take  elfect  and  be  in  force  from  and 
after  its  passage  and  approval. 


ORDINANCES.  16 


Q 


ORDINANCE   No.    100. 

'    .  (Approved  Novomber  26,   1895.) 

An  Ordinance  Granting  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company,  Its  Successors  and  Assigns,  for  a  Term  of  Fifty 
Years  From  the  Twenty-Sixth  Day  of  February,  1895,  the  Fran- 
chise, Right,  Permission  and  Privilege  to  Lay  and  Maintain  Rail- 
road Tracks  and  to  Pass  With  and  Operate  a  Steam  or  Other 
Motive  Power  Railroad  Along,  Upon  and  Across  a  Certain  Street 
and  Portion  of  Street  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  San  Fran- 
cisco and  San  Joaquin  Valley  Railway  Company,  a  railroad  corpora- 
tion duly  organized  and  incorporated  as  such  under  and  by  virtue  of 
the  laws  of  the  State  of  California,  and  having  its  ofhce  and  principal 
place  of  business  in  the  City  and  County  of  San  Francisco,  State  of 
California,  its  successors  and  assigns,  so  far  as  it  lies  within  the 
power  of  the  said  Cit}^  of  Stockton  to  grant  the  same,  for  the  term  of 
fifty  years  from  the  twenty-sixth  day  of  February,  1895,  subject  to  all 
the  terms,  conditions  and  limitations  hereinafter  made  and  expressed, 
the  franchise,  right  and  privilege  to  lay  and  maintain  along,  upon  and 
across  the  street  and  portion  of  street,  in  the  said  City  of  Stockton, 
County  of  San  Joaquin.  State  of  California,  as  hereinafter  described,  a 
track,  and  to  pass  with  and  onerate  a  steam  or  other  motive  power 
railroad  thereon,  and  to  construct  and  maintain  thereon  a  roadbed  of 
standard  broad-gauge  width,  and  to  lay  down  and  maintain  thereon 
a  track  of  standard  width,  with  necessar\^  switches,  and  to  run  loco- 
motives and  cars  thereon:  which  said  street  and  portion  of  street  in 
the  said  City  of  Stockton,  County  of  San  Joaquin,  State  of  California, 
and  the  said  roadbed  and  track  are  described  as  follows,  to^wit: 

On  Weber  avenue,  beginning  at  a  point  on  Weber  avenue  on  the 
east  line  of  Madison  street,  eighteen  (18)  feet  north  of  the  center  line 
of  the  track  of  the  Stockton  and  Copperopolis  Railroad,  as  the  same 
is  now  constructed  on  said  Weber  avenue;  thence  in  an  easterly 
direction  along  Weber  avenue  on  a  curved  line  to  the  right  to  a  point 
one  hundred  and  fifty  (150)  feet  easterly  from  the  east  line  of  Madison 
street  and  fifteen  (15)  feet  north  of  the  center  line  of  the  Stockton 
and  Copperopolis  Railroad,  where  the  same  is  constructed  on  said 
Weber  avenue. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  thoir  continuance  and  validity  upon 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  its  said  roadbed  and  track  to  the  official  grade  of  the  said 
street,  and  shall  not  construct  or  raise  any  portion  of  its  roadbed  or 
track  to  a  greater  height  than  said  official  grade,  unless  with  the  per- 
mission of  the  said  (5ity  Council  of  the  City  of  Stockton,  except  so 
far  as  it  may  be  necessary  in  crossing  the  roadbeds  and  tracks  of 
other  railroads;  and  shall  not  for  that  or  any  other  purpose  remove 
any  earth  from  or  make  any  excavations  in  any  part  of  the  said  street 
in  said  City  of  Stockton,  except  it  may  be  necessary  so  to  do  for  the 
purpose  of  constructing  culverts,  if  the  same  shall  be  hereafter 
•ordered  by  the  City  Council  of  the  City  of  Stockton. 


164  ORDINANCES. 


Second — Said  coriJoration  shall  construct  suitable  culverts,  if  the 
sajne  shall  be  hereafter  ordered  by  the  City  Council  of  the  City  of 
Stockton,  for  the  passage  of  water  at  such  points  on  said  roadbed  as 
shall  be  selected  by  the  City  Council  of  the  City  of  Stockton  or  th© 
Board  of  Public  Works  thereof  or  the  Superintendent  of  Streets,  and 
shall  keep  such  culverts  in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 
of  the  City  of  Stockton,  any  and  all  portions  of  the  said  street  alon«j 
which  its  track  is  laid,  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  track.  They  shall  keep  the 
same,  including  the  crossings,  constantly  in  repair  and  flush  with  the 
streets,  and  in  case  crossings  are  taken  up  they  must  be  replaced 
immediately  after  the  completion  of  the  work.  All  work  must  be  done 
under  the  supervision  and  to  the  satisfaction  of  the  Superintendent  of 
Streets,  and  in  no  case  shall  said  corporation,  its  successors  or  assigns, 
be  permitted  to  run  or  operate  said  railroad  on  any  street  or  portion  of 
street,  where  the  said  track  is  laid,  until  the  same  has  been  approved 
by  the  Superintendent  of  Streets,  or  by  the  said  City  Council  of  the 
City  of  Stockton. 

Sec.  3.  For  the  purpose  of  laying  other  than  the  original  con- 
struction thereof,  or  repairing  said  railroad  or  any  part  thereof,  the 
said  street  and  portion  of  street  shall  not  be  obstructed  at  any  one 
time  for  a  period  longer  tha,n  ten  working  days,  and  at  the  expiration 
of  said  ten  days  said  corporation,  its  successorsi  or  assigns,  shall 
forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every  kind, 
and  leave  the  street  or  portion  thereof  as  clean  and  in  as  good  order 
as  it  was  at  the  commencement  of  any  such  vv^ork. 

Sec.  4.  Said  corporation  shall  keep  its  said  roadbed  and  track 
in  good  condition,  with  proper  slopes,  to  enable  teams  to  pass  and 
repass  thereon. 

Sec.  5.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  railroad  within  thirty 
days  from  the  date  of  the  apj)roval  of  this  Ordinance,  then  this  Ordi- 
nance shall  be  of  no  force  and  effect  as  a  grant  tmto  said  corporation. 

Sec.  6.  This  Ordinance  shall  take  effect  and  be  in  force  froin 
and  after  its  passage  and  approval. 

OPiDINANCE   No.    ITS. 

(Approved  November  27,   1896.) 

An  Ordinance  Granting  to  the  Alameda  and  San  Joaquin  Railroad 
Company,  Its  Successors  and  Assigns,  for  the  Term  of  Forty-Nine 
Years  From  and  After  the  Twenty-Sixth  Day  of  June,  1895,  the 
Franchise,  Right,  Permission  and  Privilege  to  Lay  and  Maintain 
Railroad  Tracks,  and  to  Pass  With,  and  Operate,  a  Steam  or 
Other  Motive  Power  Railroad  Along,  Upon  and  Across  Certain 
Streets  and  Portions  of  Streets,  Levees  and  Portions  of  Levees, 
and   Other  Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Alameda 
and  San  Joaquin  Railroad  Company,  a  railroad  corporation  duly  organ- 


ORDINANCES.  165 


izGd  and  incoriDorated  as  such  under  and  by  virtue  of  the  laws  of  the 
State  of  California,  and  having  its  ofRce  and  principal  place  of 
business  in  the  City  and  County  of  San  Francisco,  State  of  California, 
its  successors  and  assigns,  so  far  as  it  lies  within  the  power  of  the  said 
City  of  Stockton  to  grant  the  same,  for  the  term  of  forty-nine  years 
iTom  the  twenty-sixth  day  of  June,  1895,  subject  to  all  the  terms,  con- 
ditions and  limitations  hereinafter  made  and  expressed,  the  franchise, 
right  and  privilege  to  lay  and  maintain  along,  upon  and  across  the 
streets,  and  portions  of  streets,  levees,  and  portions  of  levees,  and 
other  places  in  the  said  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  as  hereinafter  described,  tracks,  and  to  pass  with 
and  operate  a  steam  or  other  motive  power  railroad  thereon,  and  to 
construct  and  maintain  thereon  a  roadbed  of  standard  broad-gauge 
width,  and  to  lay  down  and  maintain  thereon  a  track  or  tracks  of 
standard  width,  together  with  all  necessarj-^  curves,  sidetracks,  spurs 
and  switches  for  the  convenient  use  thereof,  and  to  run  locomotives 
and  cars  thereon,  which  said  streets,  and  portions  of  streets,  levees, 
and  portions  of  levees,  and  other  places  in  the  said  City  of  Stockton, 
County  of  San  Joaquin,  State  of  California,  and  the  said  roadbeds, 
tracks,  sidetracks,  spurs,  cur\'es  and  switches  are  described  as  fol- 
lows, to-wit: 

For  two  sidetracks,  respectively  thirty-one  (31)  and  forty-four 
(44)  feet  south  of,  and  parallel  to,  the  center  line  of  Hazelton  avenue, 
connecting  with  the  present  track  of  said  Alameda  and  San  Joaquin 
Railroad  Company  betvv'een  the  east  line  of  El  Dorado  street  and  the 
west  line  of  San  Joaquin  street. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity  upon 
the  perforfnance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down 
and  maintain  their  said  roadbeds  in  said  City  of  Stockton  to  the 
official  grade  of  said  streets,  levees  and  other  places  in  said  City  of 
Stockton,  and  shall  not  construct  or  i-aise  any  portion  of  its  roadbeds 
to  a  greater  height  than  said  official  grade  unless  with  the  permission 
of  the  said  City  Council  of  the  Ciiy  of  Stockton,  except  so  far  as  it  may 
be  necessary  in  crossing  the  roadbeds  and  tracks  of  other  railroads; 
and  in  such  case  the  said  official  grade  shall  not  be  exceeded  by  the 
grade  of  said  roadbed  for  a  greater  distance  than  300  feet  on  each 
side  of  the  said  roadbeds  and  tracks  of  other  railroads  so  crossed,  unless 
the  usual  maximum  grade  admissible  in  the  construction  of  railroad-: 
shall  be  exceeded  if  restricted  to  300  feet,  in  which  event  the  distance 
ma.y  be  extended  until  such  maximum  grade  is  reached,  and  shall  not 
for  that  or  any  other  purpose  remove  any  earth  from  or  make  any 
excavations  in  any  of  the  streets  or  levees  in  said  City  of  Stockton, 
except  it  may  be  necessary  so  to  do  for  the  purpose  of  constructing 
culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for 
the  passage  of  water  at  such  points  on  said  roadbeds  as  shall  be 
selected  by  the  City  Council  of  the  City  of  Stockton,  or  the  Board 
of  Public  Works  thereof,  or  the  Superintendent  of  Streets  thereof, 
now,  or  at  any  time  during  the  life  of  said  franchise,  and  shall  keep 
such  culverts  in   constant   repair. 


166  ORDINANCES. 


Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  re  pile,  with  such  material  as  shall  be  ordered  by  said  City  Coun- 
cil of  the  said  City  of  Stockton,  any  and  all  portions  of  the  said 
streets  and  levees  along  which  their  tracks  are  laid  between  the 
rails  thereof  and  for  a  width  extending  two  feet  on  each  side  of  said 
tracks,  and  between  the  tracks  of  the  aforesaid  corporation  where  the 
same  are  double  tracks:  also  between  the  rails,  and  for  a  width 
extending  two  feet  on  each  side  thereof  of  all  turns,  curves,  sidetracks, 
switches  and  appendages.  Jt  shall  keep  the  same,  including  the  cross- 
ings, constantly  in  repair  and  flush  with  the  streets,  and  in  case 
crossing  are  taken  up  they  must  be  replaced  immediately  after  the 
completion  of  the  work.  All  work  must  be  done  under  the  supervision 
and  to  the  satisfaction  of  the  Superintendent  of  Streets,  and  in  no 
case  shall  said  corporation,  its  successors  or  assigns,  be  pennitted 
to  run  or  operate  said  railroad  on  any  street  or  portion  of  street,  or 
levee,  or  portion  of  levee,  or  other  places  in  the  City  of  Stockton 
where  the  said  track  or  tracks  are  laid  until  the  same  shall  have 
been  approved  by  the  Superintendent  of  Streets  and  by  the  said 
City  Council  of  the   City  of   Stockton. 

Sec.  3.  For  the  purpose  of  laying,  other  than  the  original  con- 
struction thereof,  or  repairing  said  railroad,  or  any  part  thereof,  not 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one 
time,  nor  for  a  period  longer  than  thirty  working  days,  and  at  the 
expiration  of  said  thirty  days  said  corporation,  its  successors  or 
assigns,  shall  forthwith  remove  all  stone,  lumber,  dirt  and  rubbish 
of  every  kind,  and  leave  the  street  or  levee,  or  portion  thereof,  is 
clean  and  in  as  good  order  as  it  was  at  the  commencement  of  any 
such  work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes,  to  enable  teams  to  pass  and  repass 
thereon. 


Sec.  5.  All  privileges  and  rights  required  by  said  corporation  for 
the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves,, 
sidetracks,  spurs  and  switches  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  secured 
by  .said  corporation  from  the  owners  of  such  property. 

Sec.  6.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept^ 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  railroad  within 
sixty  days  from  the  date  of  the  approval  of  this  Ordinance,  then  this. 
Ordinance  shall  be  oi  no  force  and  effect  as  a  grant  unto  said  cor- 
poration. 

Sec.  7.  This  Ordinance  shall  take  eflect  and  be  in  force  from  and 
after  its  passage  and  approval. 


ORDINANCES.  167 


OEDIXANOE   Xo.    179. 

(Approved   December   14,   1896.) 

An  Ordinance  Granting  to  the  Alameda  and  San  Joaquin  Railroad 
Company,  Its  Successors  and  Assigns,  for  the  Term  of  Forty-Nine 
Years  From  and  After  the  Twenty-Sixth  Day  of  June,  1895,  the 
Franchise,  Right,  Permission  and  Privilege  to  Lay  and  Maintain 
Railroad  Tracks,  and  to  Pass  With  and  Operate  a  Steam  or 
Other  Motive  Power  Railroad  Along,  Upon  and  Across  Certain 
Streets^  and  Portions  of  Streets,  Levees,  and  Portions  of  Levees, 
and   Other   Places    in   the   City   of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Alameda 
and  San  Joaquin  Railroad  Company,  a  railroad  corporation  duly 
organized  and  incorporated  as  such  under  and  by  virtue  of  the  laws  of 
the  State  of  California,  and  having  its  office  and  principal  place  of 
business  in  the  City  and  County  of  San  Francisco,  State  of  California, 
its  s-uccessors  and  assigns,  so  far  as  it  lies  within,  the  power  of  the 
said  City  of  Stockton  to  grant  the  same,  for  the  term  of  forty-nine 
years  from  the  twenty-sixth  day  of  June,  1895,  subject  to  all  the  terms, 
conditions  and  limitations  hereinafter  made  and  expressed,  the  fran- 
chise, right  and.  privilege  to  lay  and  maintain  along,  upon  and  across 
the  streets  and  portions  of  streets,  levees  and  portions  of  levees,  and 
other  places  in  the  said  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  as  hereinafter  described,  tracks,  and  to  pass  with 
and  operate  a  steam  or  other  motive  power  railroad  thereon,  and  to 
construct  and  maintain  thereon  a  roadbed  of  standard  broad-gauge 
width,  and  to  lay  down  and  maintain  thereon  a  track  or  tracks  of 
standard  width,  together  with  all  necessary  curves,  sidetracks,  spurs 
and  switches  for  the  convenient  use  thereof,  and  to  run  locomotives 
and  cars  thereon,  which  said  streets  and  portions  of  streets,  levees 
and  portions  of  levees,  and  other  places  in  the  said  City  of  Stockton, 
County  of  San  Joaquin,  State  of  Califoniia,  and  the  said  roadbeds, 
tracks,  sidetracks,  spurs,  cui-ves  and  switches  are  described  as  follows, 
to-wit: 

1.  For  a  single  track,  commencing  for  center  line  of  same  at  a 
point  eighteen  (18)  feet  south  of  the  center  line  of  Weber  avenue, 
and  about  six  hundred  and  eighty  (680)  feet  west  of  the  west  line  of 
Edison  street,  and  on  line  of  track  included  in  franchise  for  railroad 
on  Weber  avenue  granted  to  the  Alameda  and  San  Joaquin  Railroad 
Company  by  the  City  Council  of  the  City  of  Stockton  by  Ordinance 
No.  158,  approved  August  30th,  1895,  and  run  thence  along  a  cuiwe 
to  the  right,  of  seven  hundred  and  sixty-four  (764)  feet  radius,  one 
hundred  (100)  feet;  thence  along  a  tangent  to  said  curve  about  eighty- 
eight  (88)  feet;  thence  along  a  curve  to  the  left,  of  seven  hundred 
and  sixty-four  (764)  feet  radius,  one  hundred  (100)  feet  to  a  point 
thirteen  (13)  feet  north  of  the  center  line  of  said  Weber  avenue,  and 
about  on  line  between  lands  of  the  California  Navigation  and  Improve- 
ment Company  and  Farmers'  Union  and  Milling  Company;  thence 
westerly  along  said  Weber  avenue  thirteen  (13)  feet  north  of,  and 
parallel  to  the  center  line  thereof,  to  a  point  about  four  hundred  (400) 
feet  east  of  the  westerly  limits  of  the  City  of  Stockton;  thence  north- 
westerly along  a  curve  to  the  right,  of  four  hundred  and  ten  (410)  feet 
radius,  to  the  north  line  of  said  Weber  avenue. 

2.  For  a  switch  or  sidetrack,  commencing  at  a  point  on  tho 
above-described  track  thirteen   (13)    feet  north  of  the  center  line  Oi! 


68  ORDINANCES. 


said  Weber  avenue,  and  on  line  produced  between  lands  of  said 
California  Navigation  and  Imnrovement  Company  and  said  Farmeri" 
Union  and  Milling  Company  and  about  nine  hundred  and  seventy 
(970)  feet  west  of  the  west  line  of  Edison  street,  and  run  thence 
northwesterly  along  reverse  curves  first  to  the  right  and  then  to  the 
left,  of  seven  hundred  and  sixty-four  (764)  feet  radius,  about  two 
hundred  (200)  feet  to  a  point  on  said  Weber  avenue  twenty-six  (26) 
feet  north  of  the  center  line  thereof,  and  run  thence  westerly  twenty- 
six  (26)  feet  north  of  and  parallel  to  the  center  line  of  said  Weber 
avenue  to  a  point  about  four  hundred  and  eighty  (480)  feet  east  of  the 
westerly  limits  of  the  City  of  Stockton;  thence  northwesterly  along 
a  curve  to  the  right,  of  eight  hundred  and  nineteen  (819)  feet  radius, 
to  the  north  line  of  said  Weber  avenue. 

3.  For  a  link  or  cross-over  track,  connecting  the  two  hereinbefore 
described  tracks  designated  respectively  one  (1.)  and  twO'  (2),  between 
points  about  one  thousand  and  fifty  (1,050)  and  one  thousand  five  hun- 
dred and  fifty  (1,550)  feet  west  of  the  westerly  line  of  said  Edison 
street. 

4.  For  two  spur  tracks,  commencing  on  track  hereinbefore 
described  and  designated  two  (2),  as  being'  twenty-six  (26)  feet  north 
of  the  center  line  of  said  Weber  avenue,  at  points  respectively  about 
one  thousand  four  hundred  and  forty  (1,440)  feet  and  one  thousand 
five  hundred  and  twenty  (1,520>  feet  westerly  from  the  west  line  of 
Edison  street,  and  running  thence  northwesterly  along  curves  of  three 
hundred  and  fifty-nine  (359)  feel  radius  to  the  northerly  line  of  said 
AVeber  avenue. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted 
to  said  corporation  are  dependent  for  their  continuance  and  validity 
upon  the  performance  by  said  corporation  in  full  of  all  the  conditions 
as  hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  their  said  roadbeds  in  said  City  of  Stockton  to  the  official 
grade  of  the  said  streets,  levees  and  other  places  in  said  City  of 
Stockton,  and  shall  not  construct  or  raise  any  portion  of  its  road- 
beds to  a  greatei-  height  than  said  official  grade,  unless  with  the  per- 
mission of  the  said  City  Council  of  the  City  of  Stockton,  except  so  far 
as  it  may  be  necessary  in  crossing  tlie  roadbeds  and  tracks  of  other  rail- 
roads; and  in  such  case  the  said  official  grade  shall  not  be  exceeded  by 
the  g-rade  of  said  railroad  for  a  greater  distance  than  300  feet  on  each 
side  of  the  roadbeds  and  tracks  of  other  railroads  so  crossed,  unless 
the  usual  maximum  grade  admissible  in  the  construction  of  railroads 
shall  be  exceeded  if  restricted  to  300  feet,  in  which  event  the  distance 
may  be  extended  until  such  maximum  grade  is  reached,  and  shall  not 
for  that  oir  any  other  purpose  T-emove  any  earth  from  or  make  any 
excavations  in  any  of  the  streets  or  levees  in  said  City  of  Stockton 
except  it  may  be  necessa.i*\  so  to  do  for  the  purpose  of  constructing 
culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbed  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton,  or  the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets  thereof,  now,  or  at 
any  time  during  the  life  of  said  franchise,  and  shall  keep  such  culverts 
in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 


ORDINANCES.  169 


of  the  said  City  of  Stockton,  any  and  all  portions  of  the  said  streets 
and  levees  along  which  their  tracks  are  laid  between  the  rails  thereof, 
and  for  a  width  extending  two  feet  on  each  side  of  said  tracks,  and 
T>etween  the  tracks  of  the  aforesaid  corporation  where  the  same  are 
double  tracks;  also  between  the  rails,  and  for  a  width  extending  two 
feet  on  each  side  thereof  of  all  turns,  curves,  sidetracks,  switches  and 
appendages.  It  shall  keep  the  same,  including  the  crossings,  con- 
stantly in  repair  and  flush  with  the  street,  and  in  case  crossings  are 
taken  up  they  must  be  replaced  immediately  after  the  completion  of 
the  work.  All  work  must  be  done  under  the  supervision  and  to  the 
satisfaction  of  the  Superintendent  of  Streets,  and  in  no  case  shall  said 
corporation,  its  successors  or  assigns,  be  permitted  to  run  or  operate 
said  railroad  on  any  street  or  portion  of  street,  or  levee  or  portion]  of 
levee,  or  other  places  in  the  City  of  Stockton  where  the  said  track  or 
tracks  are  laid,  until  the  same  shall  have  been  approved  by  the  Super- 
intendent of  Streets  and  by  the  said  City  Council  of  the  City  of 
"Stockton. 

Sec.  3.  For  the  pur:>ose  of  laying,  other  than  the  original  con- 
struction thereof,  or  repairing  said  railroad,  or  any  part  thereof,  no 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one  time, 
nor  for  a  period  longer  than  thirty  working  days,  and  at  the  expiration 
of  said  thirty  days  said  corporation,  its  successors  or  assigns,  shall 
forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every  kind, 
and  leave  the  street  or  levee,  or  portion  thereof,  as  clean  and  in  as 
good  order  as  it  was  at  the  commencement  of  any  such  work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes,  to  enable  teams  to  pass  and  repass 
xhereon. 

Sec.  5.  All  pri\ileges  and  rights  required  by  said  corporation  for 
the  construction  and  maintenance  of  said  roadbeds,  tracks,  cui^es, 
sidetracks,  spurs  and  switches  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  secured 
iDy  said  corporation  from  the  owners  of  such  property. 

Sec.  6.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept, 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good  faith 
and  dul)  prosecute  the  construction  of  its  railroad  within  sixty  days 
from  the  date  of  the  approval  of  this  Ordinance,  then  this  Ordinance 
shall  be  of  no  force  and  effect  as  a  grant  unto  said  corporation. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  .^.nd  approval. 


OIIDINAKCE   No.   301. 

(Became  a  law  September  23.  1901.)     O.  B.  6—138. 

An  Ordinance  Granting  to  the  Alameda  and  San  Joaquin  Railroad 
Company,  Its  Successors  and  Assigns,  for  the  Term  of  Forty-Three 
Years  From  the  Second  Day  of  July,  1901,  the  Franchise,  Right, 
Permission  and  Privilege  to  Lay  and  Maintain  Railroad  Tracks, 
and  to  Pass  With  and  Operate  a  Steam  or  Other  Motive  Power 
Railroad  Along,  Upon  and  Across  Certain  Streets  and  Portions 
of  Streets  and  Other  Places  in  the  City  of  Stockton. 
Be   it   ordained   by  the   City   Council   of  the   City  of  Stockton   as 

follows:    • 

Section  1.     There    is    hereby    granted    to    the    Alameda    and    San 

Joaquin  Railroad  Company,  a  railroad  corporation,  incorporated,  organ- 


a  70  ORDINANCES. 


ized  and  existing  under  and  by  virtue  of  the  laws  of  the  State  of 
California,  its  successors  and  assigns,  the  right  to  lay  down,  maintain 
'and  operate,  by  means  of  steam  locomotives,  or  other  lawful  motive 
power,  for  the  term  of  forty-three  (43)  years  from  and  after  the  second 
day  of  July,  1901,  a  single  track  railroad,  with  all  necessary  switches, 
turnouts,  spurs  and  sidings,  along,  across  and  upon  certain  public 
streets  and  portions  of  streets  and  other  places  of  the  City  of  Stock- 
ton, County  of  San  Joaquin,  State  of  California,  said  single  track, 
spurs  and  sidings  to  be  located  as  follows,  to-wit: 

First — Beginning  at  a  point  on  the  center  line  of  the  track  of  the 
Alameda  and  San  Joaquin  Railroad  on  the  north  side  of  Hazelton 
avenue  produced  westerly  from  the  southwest  comar  of  blo'ck  num- 
ber sixteen  and  two-thirds  (16  2-3)  west  of  Center  street  forty-three 
and  one-half  (43 1^)  feet,  and  run  thence  northwesterly  along  a  curve 
to  the  right  of  359^/4  feet  radius,  105  feet  to  a  point  76  feet  westerly 
at  right  angles  from  ihe  westerly  side  of  said  block  number  sixteen 
and  two-thirds  (16  2-3);  thence  northwesterly  tangent  to  said  curvo 
212  feet;  thence  northwesterly  along  a  curve  to  the  left  of  four  hun- 
dred and  ninety-three  and  three-tenths  feet,  radius  547  feet,  tO'  a  point 
fifty-one  feet  south  of  the  south  line  of  block  number  fifteen  (15)  west 
of  Center  street;  thence  northwesterly  along  a  tangent  to  connect 
with  the  center  line  of  said  Alameda  and  San  Joaquin  Railroad  track 
as  now  constructed,  at  a  point  about  80  feet  east  of  the  west  line  of 
block  U  west  of  Center  street. 

Second — For  a  sidetraclv  thirty-one  (31)  feet  south  of  and  parallel 
to  the  center  line  of  Hazelton  avenue,  connecting  with  the  present 
track  of  said  Alameda  and  .  San  Joaquin  Railroad  Company  between 
the  east  line  of  El  Dorado  street  and  the  west  line  of  San  Joaquin 
street. 

Sec.  2.  The  rights  and  privileges  granted  to  said  railroad  com- 
pany are  dependent  for  their  continuance  and  validity  upon  the  per- 
formance by  the  said  railroad  company  of  the  following  conditions, 
to-wit: 

First — The  said  railroad  company  shall  construct  and  maintam 
the  tracks  and  railroad  beds  hereinbefore  mentioned  to  the  official 
grade  of  the  streets  of  said  city,  when  required  by  order  of  the  City 
Council. 

Second — The  said  railroad  company  shall  keep  the  tracks  and 
roadbeds  aforesaid  in  good  condition,  with  proper  slope  where  thei 
tracks  and  roadbeds  cross  any  of  the  streets  herein  mentioned,  to 
enable  teams  to  cross,  pass  and  repass  over  the  same,  and  said  cor- 
poration shall,  upon  the  order  of  the  City  Council,  grade  or  regrade, 
gravel  or  regravel,  plank  or  replank,  pave  or  repave,  macadamize  or 
remacadamize  with  such  material  as  shall  be  ordered  by  said  City 
Council,  any  or  all  portions  of  the  said  street  along  which  the  aforesaid 
track  is  laid,  between  the  rails  thereof,  and  for  a  width  extending  two 
feet  on  each  side  of  said  track. 

Tbird' — The  said  company,  in  laying  and  maintaining  the  tracks 
and  roadbeds  herein  described  and  operating  the  same,  shall  not  un- 
necessarily obstruct  thereby  the  free  use  of  said  streets. 

Fourth — The  said  railroad  company  shall,  upon  the  granting  of 
this  franchise,  remove  within  thirty  days  after  the  completion  of  the 
tracks  hereinbefore  described,  the  track  or  tracks  hereinafter  de- 
scribed. 

Said  portion  of  said  hereinafter  described  street,  from  which  said 


ORDINANCES.  171 


track  or  tracks  are  removed,  to  be  left  in  ^ood  and  passable  condition, 
and  said  railroad  company  shall  abandon  for  railroad  purposes  the  said' 
portions  of  said  street. 

The  said  poi-tions  of  said  track  to  be  moved  and  abandoned  are 
described  as  follows,  to-wit: 

First — That  portion  of  the  track  of  the  Alameda  and  San  Joaquin 
Railroad  Company  now  operated  by  said  Alameda  and  San  Joaquin. 
Railroad  Company,  commencing  for  the  same  at  the  point  of  beginning 
of  the  track  tirst  hereinbefore  described,  and  ending  for  the  same  at 
the  point  of  ending  of  said  track  first  hereinbefore  described. 

Second — Also  switch  track  on  the  southwest  side  of  the  main 
track  on  Mormon  levee,  commencing  at  a  point  on  said  levee  eighteen 
feet  west  of  the  center  line  of  the  track  laid  and  maintained  on  said 
levee  by  the  Central  Pacific  Railroad  Company  under  Ordinance  No.  36 
(being  originally  Ordinance  No.  '51,  approved  June  21st,  1877),  granted 
by  the  City  Council  of  the  City  of  Stockton  to  the  Central  Pacific 
Railroad  Company,  and  on  the  north  line  of  Hazelton  avenue  produced, 
and  running  thence  northwesterly  and  connecting  again  with,  said 
main  track-  a.t  or  near  the  east  line  of  Monroe  street. 

Sec.  3.  At  no  time  shall  the  cars  or  trains  of  said  company  be 
allowed  to  stand  upon  and  across  any  of  the  streets,  crossings,  except 
for  the  purpose  of  operating  the  same,  and  then  not  longer  than  ten 
minutes  for  any  one  time. 

Sec.  4.  If  the  said  Alameda  and  San  Joaquin  Railroad  Company 
Shall  fail,  for  thirty  days  after  the  passage  of  this  Ordinance,  to 
accept  in  writing,  duly  filed  with  the  City  Clerk  of  the  City  of  Stock- 
ton, the  right  of  way  and  privileges  herein  granted,  or  to  commence  in 
good  faith  and  duly  prosecute  the  construction  of  said  railroad  bed 
and  tracks  within  180  days  after  the  passage  and  approval  of  this 
Ordinance,  then  this  Ordinance  shall  be  of  no  force  and  effect  as  a 
grant  to  said  company,  and  shall  become  void. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

ORDINANCE   No.    421. 

(Approved  August  28,  1906.)      O.  B.   7—94. 

An  Ordinance  Granting  to  the  Western  Pacific  Railway  Company,  a 
Corporation,  Its  Successors  in  Interest  and  Assigns,  in  so  Far  as 
It  Lies  Within  the  Power  of  the  City  of  Stockton  to  Grant  the 
Same,  the  Franchise,  Right,  Privilege.  Permission  and  Right  of 
Way  to  Construct,  Lay  Down,  Maintain  and  Operate  by  Steam 
or  Other  Lawful  Motive  Power,  for  the  Term  of  Forty-Seven 
Years,  a  Double-Track  Railroad  of  Standard  Gauge,  Together 
With  the  Right  to  Lay  Down,  Construct,  Maintain  and  Operate 
All  Switches,  Crossings,  Sidings,  Sidetracks,  Slips,  Switches,  and 
Such  Appendages  and  Adjuncts  Thereto  as  May  Be  Necessary  for 
the  Convenient  Use  of  the  Same  Over,  Upon  and  Along  the  Route 
Hereinafter  Described,  and  Upon,  Along,  Over  and  Across  Those 
Certain  Streets,  Avenues,  Alleys,  Lanes,  Places,  Courts  and 
Levees  In  the  City  of  Stockton,  County  of  San  Joaquin,  State  of 
California,  the  Same  Being  Described  by  Its  Center  Line  as 
Follows: 

Beginning  at  a  point  on  the  south  city  limits  of  the  City  of  Stock- 
ton, said  point  of  beginning  being  distant  29.6  feet  westerly  from  the- 


172  ORDINANCES. 


point  of  intersiection  of  the  center  line  of  Union  street  and.  said 
southerly  city  limits,  running  thence  northeasterly  on  a  curve  to  the 
left  with  a  radius  of  1,433  feet,  a  distance  of  291.6  feet  to  the  end  of 
said  curve  in  the  center  of  Union  street;  running  thence  north  twelve 
(12)  degrees  eight  (8)  minutes  west  on  a  tangent  and  along  th.e  center 
line  of  Union  street,  a  distance  of  2,309  feet;  thence  on  a  curve  to  the 
left  with  a  radius  of  1,910  feet,  a  distance  of  270  feet;  thence  north 
twenty  (20)  degrees  fourteen  (14)  minutes  west,  on  a  tangent  a  dis- 
tance of  129.6  feet:  thence  on  a  curve  to  the  right  with  a  radius  of 
1,910  feet,  a  distance  of  270  feet  to  a  point  lying  sixteen  (16)  feet 
west  of  the  westerly  line  of  Union  street;  thence  north  twelve  (12) 
degrees  eight  (8)  minutes  west,  on  a  tangent  and  running  parallel  to 
and  sixteen  (16)  feet  westerly  from  the  west  line  of  Union  street,  a 
distance  of  2,325  feet;  thence  on  a  curve  to  the  left  with  a  radius  of 
1,146  feet,  a  distance  of  two  hundred  and  forty  (240)  feet;  thence 
north  twenty-four  (24)  degrees  eight  (8)  minutes  west,  on  a  tangent 
a  distance  of  two  hundred  and  ten  (210)  feet;  thence  on  a  curve  to 
the  right  with  a  radius  of  1,910  feet,  a  distance  of  four  hundred  (400) 
feet;  thence  north  twelve  (12)  degrees  eight  (8)  minutes  west,  on  a 
tangent,  a  distance  of  3,420  feet;  thence  on  a  curve  to  the  left  with 
a  radius  of  1,146  feet,  a  distance  of  483.3  feet;  thence  north  thirty-si^: 
(36)  degrees  eighteen  (18)  minutes  west,  on  a  tangent,  a  distance  of 
four  hundred  and  twenty  (420)  feet;  thence  on  a  curve  to  the  right 
with  a  radius  of  1,146  feet,  a  distance  of  12.2  feet,  to  a  point  on  the 
north  city  limits  of  said  City  of  Stockton,  said  last  point  being  5.6  feet 
west  of  the  west  line  of  Sacramento  street. 

Whereas,  All  notices  required  by  law  have  been  duly  given  and 
all  matters,  acts  and  things  precedent  to  the  granting  of  the  franchise 
and  grant  hereinafter  set  forth  have  heretofore  been  had  and  per- 
formed in  due  form  of  law;  and, 

Whereas,  Due  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission,  right  of  way  and  fran- 
chise is  hereby  granted  unto  the  Western  Pacific  Railway  Company,  a 
railroad  corporation  organized  and  existing  under  and  by  virtue  of  the 
laws  of  the  State  of  California,  and  to  its  successors  in  interest  and 
assigns,  in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton  to 
grant  the  rame,  to  use,  for  the  term  of  forty-seven  (47)  years  from 
the  date  of  the  passage  of  this  Ordinance,  the  streets,  avenues,  alleys, 
lanes,  places,  courts  and  levees,  property,  places  and  route  and  por- 
tions thereof,  in  the  Cit.v  of  Stockton,  County  of  San  Joaquin,  State  of 
California,  hereinafter  named  and  described;  and  to  that  end  the  said 
Western  Pacific  Railway  Company,  its  successors  in  interest  and 
assigns,  in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton  to 
grant  the  same,  is  hereby  granted  the  right,  privilege,  permission,  right 
of  way  and  franchise  to  constmct,  lay  down,  maintain  and  operate  by 
steam  or  other  lawful  motive  power,  a  double-track  railroad  as  herein- 
after set  forth,  of  standard  gauge  eighteen  (18)  feet  between  centers; 
together  with  the  right,  privilege,  permission,  right  of  way  and  fran- 
chise to  lay  down,  construct,  operate  and  maintain  all  the  switches, 
crossings,  sidings,  turnouts,  slip  switches,  spur  tracks,  yard  tracks, 
depot  tracks  ;md  terminal  iracks,  and  all  connections  in  conjunction 
therewith,  and  such  appendages  and  adjuncts  thereto  as  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  may 


ORDINANCES.  175 


Consider  necessary  for  the  convenient  use  of  the  same  along,  across 
and  upon  the  streets,  avenues,  alloys,  places,  courts  and  levees,  prop- 
erty, places  and  route  in  the  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  hereinafter  named,  described  and  designated;  and 
along,  over,  across,  upon  and  connecting  with  the  right  of  way,  yards, 
terminals,  station  ground?  and  properties  along  the  route  herein  set 
forth,  now  owned  by  saM  Western  Pacific  Railway  Company  and  such 
as  may  hereafter  be  acquired  by  it,  its  successors  in  interest  and 
assigns;  and  along,  over,  across,  upon  and  connecting  with  any  and  all 
streets,  avenues,  alleys,  lanes,  places  and  courts  which  may  hereafter 
be  opened  through  or  within  or  into  said  yards,  terminals,  station 
grounds  or  properties. 

Wherever  the  right,  privilege,  permission,  right  of  way  and  fran- 
chise to  lay  down,  construct,  operate  and  maintain  switches,  crossings, 
sidings,  turnouts,  slip  switches,  spur  tracks,  yard  tracks,  depot  tracks 
and  terminal  tracks  as  herein  set  forth  is  granted  to  the  said  Wester.-: 
Pacific  Railway  Company  along,  across  and  upon  any  street,  avenue 
or  alley  in  the  City  of  Stockton,  said  company  must,  before  the  con- 
struction of  such  switches,  crossings,  sidings,  turnouts,  slip  switches, 
spur  tracks,  yard  tracks,  depot  tracks  and  terminal  tracks,  obtain  the 
approval  of  the  C;ty  Council  as  to  the  extent  and  location  thereof 
along,  across  and  unon  such  street,  avenue  or  alley;  provided,  however, 
that  said  Western  Pacific  Railway  Company,  its  successors  or  assigns, 
may  construct  two  sidings  along,  across  and  upon  the  streets,  avenues, 
alleys,  lanes  and  places  along  the  route  herein  set  forth,  the  center  liiu'> 
of  each  of  said  sidings  not  to  exceed  eighteen  (IS)  feet  from  the  center 
line  of  the  nearest  track  or  tracks  thereto,  said  sidings  between  a  point 
one  hundred  (100)  feet  north  of  the  north  line  of  Hazelton  avenue 
and  the  northerly  city  limits  of  the  City  of  Stockton  shall  not  be  con- 
structed east  of  the  west  line  of  Union  street;  the  route  of  said  railroad 
more,  fully  appearing  from  the  map  filed  by  said  Western  Pacific  Rail- 
way Company  in  the  office  of  the  City  Clerk  of  the  said  City  of  Stock- 
ton, entitled  "Map  showing  franchise  applied  for  by  Western 
Pacific  Railway  Company  for  certain  lines  of  railroad  through  the 
City  of  Stockton,  State  oi  California,  June  11th,  1906,"  to  which  map 
reference  is  hereby  made,  and  the  same  is  made  a  part  hereof. 

The  center  line  of  said  railroad  being  described  as  follows,  torwit: 
Beginning  at  a  point  on  the  south  city  limits  of  the  City  of  Stock- 
ton, said  point  of  beginning  being  distant  29.6  feet  westerly  from  the 
point  of  intersection  of  the  center  line  of  Union  street  and  said  south- 
erly city  limits,  running  thence  northeasterly  on  a  curve  to  the  left 
with  a  radius  of  1,433  feet,  a  distance  of  291.6  feet  to  the  end  of  said 
curve  in  the  center  of  Union  street;  running  thence  north  twelve  (12) 
degrees  eight  (8)  minutes  v/est,  on  a  tangent  and  along  the  center  line 
of  Union  street,  a  distance  of  2,309  feet;  thence  on  a  curve  to  the  left 
with  a  radius  of  1,910  feet,  a  distance  of  270  feet;  thence  north  twenty 
(20)  degrees  fourteen  (14)  minutes  west,  on  a  tangent,  a  distance  of 
129.6  feet;  thence  on  a  curve  to  the  right  with  a  radius  of  1,910  feet. 
a  distance  of  270  feet  to  a  point  lying  sixteen  (16)  feet  west  of  the 
westerly  line  of  Union  street;  thence  north  twelve  (12)  degrees  eight 
(8)  minutes  west,  on  a  tangent  and  running  parallel  to  and  sixteen 
(16)  feet  westerly  from  the  west  line  of  Union  street,  a  distance  of 
2,325  feet;  thence  on  a  curve  to  the  left  with  a  radius  of  1,146  feet,  a 
distance  of  two  hundred  and  forty  (240)  feet;  thence  north  twenty- 
four  (24)  degrees  eight  (8)  minutes  west,  on  a  tangent,  a  distance  of 
two  hundred  and  ten  ^210)  feet;  thence  on  a  cur^^e  to  the  right  with 
a  radius  of  1,910  feet,  a  distance  of  four  hundred   (400)   feet;   thence 


174  ORDINANCES. 


north  twelve  (12)  degrees  eight  (8)  minutes  west,  on  a  tangent,  a 
distance  of  3,v20  feet;  thence  on  a,  curve  to  the  left  with  a  radius  of 
1,146  feet,  a  distance  of  483.3  feet;  thence  north  thirty-six  (36)  degrees 
eighteen  (18)  minutes  west,  on  a  tangent,  a  distance  of  four  hundred 
and  twenty  (420)  feet;  thence  on  a  curve  to  the  right  with  a  radiuH 
of  1,146  feet,  a  distance  of  12.2  feet  to  a  point  on  the  north  city  limits 
of  said  City  of  Stoclvton,  said  last  point  being  5.6  feet  west  of  the  west 
line  of  Sacramento  street. 

The  right,  permission,  privilege,  right  of  way  and  franchise  is 
hereby  granted  to  said  Western  Pacific  Railway  Company,  its  succes^ 
sors  in  interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the 
City  of  Stockton  to  grant  the  same,  during  the  term  of  forty-seven 
(47)  years  from  the  date  of  the  passage  of  this  Ordinance  to  construct, 
lay  down,  maintain  and  operate  said  railroad  tracks  and  said  railroad 
and  to  run  its  engines,  cars  and  trains  propelled  by  steam  or  other  lawful 
lK>wer,  over,  along  and  upon  the  streets,  avenues,  alleys,  lanes,  places 
and  courts,  levees,  property,  places  and  route  and  parts  thereof  named 
and  described;  provided,  that  the  free  use  of  said  streets  shall  not  be 
unnecessarily  obstructed  thereby. 

The  said  Western  Pacific  Raihvay  Company,  its  successors,  in 
interest  and  assigns,  is  hereby  granted  the  right,  privilege,  franchise, 
permission  and  right  of  way  along,  across,  over,  upon  and  connecting 
with  the  right  of  way,  yards,  terminals,  station  grounds  and  properties 
along  the  route  herein  set  forth,  now  owned  by  said  railroad  company 
and  such  as  may  hereafter  be  acquired  by  it,  its  successors  in  interest 
and  assigns;  and  along,  over,  across,  upon  and  connecting  with  any 
and  all  streets,  avenues,  alleys,  lanes,  i)laces  and  courts  which  may 
hereafter  be  opened  through  or  within  or  into  said  right  of  way, 
yards,  terminals,  station  grounds  or  properties. 

Sec.  2,  Whenever  the  railroad  track  or  tracks  of  said  Western 
Pacific  Railway  Conipany  hereby  authorized  to  be  constructed  is  or  are 
laid  upon  any  public  street,  the  said  Western  Pacific  Railway  Com- 
pany, its  successors  in  interest  and  assigns,  is  required  to  keep  the 
streets  in  repair  between  the  tracks  and  along  and  within  the  distance 
of  two  feet  upon  each  side  of  the  tracks  occupied  by  said  company: 
and  shall,  upon  order  of  the  City  Council,  grade  or  regrade,  gravel  or 
regravel,  plank  or  replaniv,  pave  or  repave,  macadamize  or  remacadam- 
ize,  with  such  material  as  shall  be  ordered  by  said  City  Council,  any  or 
all  portions  of  the  streets  along  which  the  aforesaid,  track  is  laid, 
between  the  rails  thereof  and  for  a  width  extending  two'  feet  on  each 
side  of  said  tracks. 

Sec.  3.  The  rights  and  privileges  hereby  granted  tO'  said  railroad 
company  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  said  company,  its  successors  or  assigns,  of  the 
following  conditions,  to-wit: 

First — The  said  railroad  company,,  its  successors  and  assigns,  shall 
construct  and  maintain  the  tracks  and  roadbed  hereinbefore  mentioned 
upon  said  streets  to  the  official  grade  thereof  when  required  so  to  do 
by  the  City  Council,  and  if  not  so  required  then  the  grade  adopted 
"by  said  company  shall  be  subject  to  the  approval  of  such  Council. 

Second — Said  railroad  company  shall  provide  and  maintain  in 
good  repair  and  condition  crossings  over  its  tracks  and  roadbed  where 
the  same  crosses  any  of  the  streets  and  avenues  herein  mentioned; 
such  crossings  shall  be  constructed  the  full  width  of  the  street  and 
approaches  made  thereto  on  a  slope  of  not  less  than  25  to  1  and  so  as 
to  provide  a  safe  and  convenient  crossing  for  teams,  carriages  and 
vehicles. 


ORDINANCES.  175 


Third — At  no  time  shall  the  cars  or  trains  of  said  company,  its 
•successors  or  assigns,  be  allowed  to  stand  upon  any  street  crossing 
except  for  the  purpose  of  operating  the  same,  and  then  not  longer 
than  ten  minutes  at  any  time. 

Fourth — Said  railroad  company,  its  successors  and  assigns,  shall 
construct  and  maintain  suitable  culverts  for  the  passage  of  water  at 
such  points  on  said  roadbeds  as  shall  be  designated  by  the  City 
Council. 

Fifth — The  City  Council  reserves  the  power  to  make  and  enforce 
valid  Ordinances  and  regulations  for  the  safety  and  protection  of  the 
traveling  public  occasioned  by  the  operation  of  said  railroad  under 
this  franchise. 

Sixth — If  the  said  railroad  company  shall  fail  for  thirty  (30)  days 
to  accept  in  writing,  filed  with  the  City  Clerk  of  said  city,  the  fran- 
chise, rights  and  obligations  herein  granted,  then  this  Ordinance  shall 
be  of  no  force  or  effect. 

Sec.  4.  Whenever  the  line  of  said  railroad  passes  over  the  right 
of  way  owned  by  said  ^\'estern  Pacific  Railway  Company,  and  when- 
ever the  line  of  said  railroad  shall  pass  over  a  right  of  way  to  be 
acquired  subsequently  by  said  Western  Pacific  Railway  Company,  or 
by  its  successors  in  interest  and  assigns,  the  right,  permission,  privi- 
lege and  franchise  is  granted  by  the  City  of  Stockton,  in  so  far  as  it 
lies  within  the  power  of  the  City  of  Stockton  to  grant  the  same. 

All  privileges,  permission  and  rights  required  by  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  for 
the  construction  and  maintenance  of  said  line  of  railroad,  switches, 
crossings,  sidings,  turnouts,  sli])  switches,  spur  tracks,  yard  tracks, 
depot,  tracks  and  terminal  tracks,  and  all  the  connections. in  conjunc- 
tion therewith  and  appendages  and  adjuncts  thereto  through  private 
property  upon  the  proposed  line  of  said  railroad,  are  to  be  secured  by 
said  Western  Pacific  Railway  Company,  its  successors  in  interest  and 
assigns,  from,  the  owners  of  such  property. 

This  Ordinance  shall  take  effect  and  be  in  force  and  effect  from 
and  after  its  passage  and  approval. 


OEDIXANCE   Xo.   463. 

(Approved  February  17,  1908.)     O.  B.  7—184. 

An  Ordinance  Granting  to  the  Atchison,  Topeka  and  Santa  Fe  Railway 
Company  (a  Corporation),  Its  Successors  and  Assigns,  for  the 
Term  of  Thirty-Seven  Years  from  the  Nineteenth  Day  of  August, 
1907,  the  Franchise,  Right.  Permission  and  Privilege  to  Lay  and 
Maintain  a  Railroad  Track,  and  to  Pass  With  and  Operate  a 
Steam  or  Other  Lawful  Motive  Power  Railroad  Along,  Upon  and 
Across  Certain  Streets  and  Portions  of  Streets  in  the  City  of 
Stockton,  County  of  San  Joaquin,  State  of  California. 

.Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Atchison, 
Topeka  and  Santa  Fe  Railway  Company,  a  corporation  duly  organized 
and  incorporated  imder  and  by  virtue  of  the  laws  of  the  State  of 
Kansas,  and  having  its  office  and.  principal  place  of  business  in  the 
City  of  Topeka,  State  of  Kansas,  and  doing  business  in  the  State  of 
•California,  its  successors  and  assigns,  so  far  as  it  lies  within  the 
power  of  said   City  of  Stockton  to  grant  the   same,   for  the  term  of 


176  ORDINANCES. 


thirty-seven  (37)  years .  from  the  nineteenth  day  of  August,  1907, 
subject  to  all  of  the  terms  and  limitations  hereinafter  made  and 
expressed,  the  franchise,  right  and  privilege  to  lay  and  maintain 
along,  upon  and  acioss  the  streets  and  portions  of  streets  in  the  City 
of  Stockton,  County  of  San  Joaquin,  State  of  California,  as  hereinafter 
described,  a  track,  and  to  pass  with  and  operate  a  steam  or  other 
lawful  motive  power  railroad  thereon,  and  to'  construct  and  maintain 
thereon  a  roadbed  of  standard  broad-gauge  width,  and  to  lay  down  and 
maintain  thereon  a  track  of  standard  width,  together  with  the  neces- 
sary curves,  crossings  and  connections  for  the  convenient  use  thereof, 
and  to  run  locomotives  and  cars  thereon;  and  which  said  streets  and 
portions  of  streets  in  said  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  and  said  roadbed  and  track,  curves,  crossings  and 
connections  are   described  as  follows: 

A  spur  track,  beginning  at  the  intersection  of  the  center  line  of 
the  main  track  of  the  Atchison,  Topeka  and  Santa  Fe  Railway  on 
Taylor  street,  in  the  City  of  Stockton,  with  the  west  line  of  Ophir 
street;  thence  on  a  7-degree  oO-minute  curve,  concave  to  the  north,  a 
distance  of  125  feet;  thence  on  a  7-degree  80-minute  curve,  concave 
to  the  south,  a  distance  of  GO  feet:  thence  westerly  parallel  to  and  7.2 
feet  southerly  from  the  north  line  of  Taylor  street,  a  distance  of  120 
feet  to  end  (all  of  which  more  fully  appears  from  a  map  or  plat 
thereof  this  day  filed  with  this  Council). 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity 
upon  the  performance  by  said  corporation  in  full  of  all  the  conditions 
as  hereinafter  set  out,  to-wit: 

First — Said  corporation  shall,  in  all  cases,  construct,  lay  down 
and  maintain  their  said  roadbed  in  said  City  of  Stockton  to  the 
official  grade  of  the  said  streets  and  portions  of  streets  in  said  City 
of  Stockton,  and  shall  not  construct  or  raise  any  portion  of  its  road- 
bed to  a  greater  height  than  said  official  grade,  unless  with  the  per- 
mission of  the  said  City  Council  of  the  City  of  Stockton. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbed  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton,  now,  or  at  any  time 
diiring  the  life  of  said  franchise,  and  shall  keep  such  culverts  in  con- 
stant repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile  or 
repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 
of  the  said  City  of  Stockton,  any  and  all  portions  of  said  streets  along 
which  the  track  is  laid,  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  track. 

It  shall  keep  the  same,  including  the  crossings,  constantly  in 
repair  and  flush  with  the  streets,  and  in  case  crossings  are  taken  up 
they  must  be  replaced  immediately  after  the  completion  of  the  work. 
All  work  must  be  done  under  the  supervision  and  to  the  satisfaction 
of  the  Superintendent  of  Streets,  and  in  no  case  shall  said  corpora- 
tion, its  successors  or  assigns,  be  permitted  to  run  or  operate  said 
railroad  on  said  streets  or  portions  of  streets  where  the  said  track  is 
laid  until  the  same  shall  have  been  approved  by  the  Superintendent 
of  Streets  and  by  the  said  City  Council  of  the  City  of  Stockton, 

Sec.  3.  Said  corporation  shall  keep  its  roadbed  and  track  in 
good  condition,  with  proper  slopes  to  enable  teams  to  pass  and  repass 
thereon. 


ORDINANCES.  17T 


Sec.  4.  All  privileges  and  rights  required  by  said  corporation 
for  the  construction  and  maintenance  of  said  roadbed,  track,  cui'Yes, 
crossings  and  connections  through  private  property  and  upon  grades 
made  by  private  persons  are  to  be  by  said  corporation  secured  from 
the  owners  of  such  property. 

Sec.  5.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept, 
in  writing,  filed  with  the  City  Council  Clerk  of  the  City  of  Stockton,  the 
franchise,  rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  said  railroad  within 
sixty  days  from  the  date  of  the  approval  of  this  Ordinance,  then  this 
Ordinance  shall  be  of  no  force  and  effect  as  a  grant  unto  the  said 
corporation 

Sec.  6.  Thi.s  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


OKDIXAXCE   Xo.   235. 

(Approved  June  2,  1S99.) 

An  Ordinance  Granting  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company,  Its  S'uccessors  and  Assigns,  for  a  Term  of 
Forty-Six  Years  From  the  Twenty-Sixth  day  of  February,  1899, 
the  Franchise,  Right,  Permission  and  Privilege  to  Lay  and  Main- 
tain Railroad  Tracks,  and  to  Pass  With  and  Operate  a  Steam 
Railroad  Along,  Upon  and  Across  Portions  of  Streets, and  Other 
Places    in   the   City   of   Stockton. 

Be  it  ordained  by  the  City  Council  ol'  the  City  of  Stockton  as 
follows : 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  San  Fran- 
cisco and  San  Joaquin  Valley  Railway  Company,  a  railroad  corporation 
duly  organized  and  incorporated  as  such  under  and  by  virtue  of  the 
laws  of  the  State  of  Califoraia,  and  having  its  office  and  principal 
place  of  business  in  the  City  and  County  of  San  Francisco,  State  of 
California,  its  successors  and  assigns,  so  far  as  it  lies  within  the 
power  of  said  City  of  Stockton  to  grant  the  same,  for  the  term  of  forty 
six  years  from  the  twenty-sixth  day  of  February,  1899,  subject  to  all 
the  terms,  conditions  and  limitations  hereinafter  made  and  expressed, 
the  franchise,  right  and  privilege  to  lay  and  maintain  along,  upon 
and  across  the  streets  and  portions  of  streets,  and  other  places,  in 
the  said  City  of  Stockton,  County  of  San  Joaquin,  State  of  California, 
as  hereinafter  described,  tracks,  and  to  pass  with  and  operate  a  steam 
railroad  thereon,  and  to  construct  and  maintain  thereon  a  roadbed  of 
standard  broad-gauge  width,  and  to  lay  down  and  maintain  thereon  a 
track  or  tracks  of  standard  width,  together  with  all  the  necessary 
curves,  sidetracks,  spurs  and  switches  for  the  convenient  use  thereof, 
and  to  run  locomotives  and  cars  thereon;  which  said  streets  and 
portions  of  streets,  and  other  places  in  said  City  of  Stockton,  County 
of  San  Joaquin,  State  of  California,  and  the  said  roadbeds,  tracks, 
sidetracks,  spurs,  curves  and  switches  are  described  as  follows,  to-wit: 

First — A  connecting  track,  commencing  for  its  center  line  on  the 
present  main  line  track  of  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company  on  Taylor  street,  in  the  City  of  Stockton,  at  a  point 
nine  (9)  feet  north  from  the  center  line  of  the  said  street  and  eighty 
(80)  feet,  more  or  less,  east  from  the  east  line  of  Union  street;  thence 
in  a  general  northwesterly  direction,  on  a  curve  to  the  right,  with  a 
radius  of  four  hundred  and  ten  (410)  feet,  more  or  less,  across  Union 


378  ORDINANCES. 


street,  block  284  east  of  Center  street,  Scott's  avenue  and  intO'  Sacra- 
mento street  to  a  point  on  the  present  sidetrack  of  the  Central  Pacific 
Railroad  on  Sacramento  street,  at  a  point  thirteen  (13)  feet  east  from 
the  center  line  of  said  street  and  one  hundred  and  twenty  (120)  feet, 
more  or  less,  north  from  the  north  line  of  Scott's  avenue. 

Second— A  spur  track  on  Taylor  street,  commencing  for  its  center 
line  on  the  center  line  of  connecting  track  above  described  at  a  point 
at  or  near  the  east  line  of  Union  street,  and  continuing  thence  in  a  wesr- 
erly  direction,  with  a  suitable  turnout,  to  a  point  on  the  west  line  of 
Union  street  and  twenty-two  (22)  feet  north  from  the  center  line  of 
Taylor  street;  continuing  thence  westerly,  parallel  to  and  twenty-two 
(22)  feet  north  from  the  center  line  of  Taylor  street,  a  distance  of  six 
hundred  and  eighty  (680)  feet,  more  or  less,  to  the  east  line  of  Aurora 
street. 

Sec,  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity  upon, 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  its  said  roadbeds  in  said  City  of  Stockton  to  the  official  grade 
of  the  said  streets  and  other  places,  and  shall  not  construct  or  raise 
any  portion  of  its  roadbeds  to  a  greater  height  than  said  official 
grades,  unless  with  the  permission  of  the  said  City  Council  of  the 
City  of  Stockton,  except  so  far  as  it  may  be  necessaiy  in  crossing  the 
roadbeds  and  tracks  of  other  railroads,  and  in  such  case  the  said 
official  grade  shall  not  be  exceeded  by  the  grade  of  said  railroad  for 
a  greater  distance  than  300  feet  on  each  side  of  the  said  roadbeds  and 
tracks  of  other  railroads  so  crossed,  unless  the  usual  maximum  grade 
admissible  in  the  construction  of  railroads  shall  be  exceeded  if  re- 
stricted to  300  feet,  in  which  event  the  distance  may  be  extended  until 
such  maximum  grade  is  reached,  and  shall  not  for  that  or  any  other 
purpose  remove  any  earth  from  or  make  any  excavations  in  any  of 
the  streets  of  said  City  of  Stockton,  except  it  may  be  necessary  so  to 
do  for  the  purpose  of  constructing  culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbeds  as  shall  be  selected 
by  the  City  Council  oi  the  City  of  Stockton,  or  the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets,  and  shall  keep  such 
culverts  in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel. 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council  of 
the  City  of  Stockton,  any  and  all  portions  of  the  said  streets  along 
which  their  tracks  are  laid  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  tracks,  and  between  the  tracks 
where  the  same  are  double  tracks;  also  between  the  rails  and  for  a 
width  extending  two  feet  on  each  side  thereof  of  all  turns,  cui'ves, 
sidetracks,  switches  and  appendages.  It  shall  keep  the  same,  includ- 
ing the  crossings,  constantly  in  repair  and  flush  with  the  street,  and 
in  case  crossings  are  taken  up,  they  must  be  replaced  immediately 
after  the  completion  cf  the  work.  All  work  must  be  done  under  tho 
supervision  and  to  the  satisfaction  of  the  Superintendent  of  Streets, 
and  in  no  case  shall  said  corporation,  its  successors  or  assigns,  be 
permitted  to  run  or  operate  said  railroad  on  any  street  or  portion  of 


ORDINANCES.  179 


street  or  other  places  where  the  said  track  or  tracks  are  laid  until  the 
same  have  been  approved  by  the  Superintendent  of  Streets  or  by  the 
said  City  Council  of  the   City  of  Stockton. 

Sec.  3.  For  the  purpose  of  laying,  other  than  the  original  con- 
•struction  thereof,  or  repairing  said  roadbed  or  any  part  thereof,  not 
more  than  the  length  of  one  block  shall  be  obstraicted  at  any  one  time, 
nor  for  a  longer  period  than  thirty  working  days,  and  at  the  expiration 
of  said  thirty  working  days  said  corporation,  its  successors  or  assigns, 
shall  forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every 
kind  and  leave  the  street  as  clean  and  in  as  good  order  as  it  was  at 
the  commencement  of   any   such   work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
^ood  condition,  with  proper  slopes  to  enable  teams  to  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation, 
for  the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves, 
sidetracks,  spurs  and  switches,  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
-beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  secured 
by  said  corix>ration  from  the  owners  of  such  property. 

Sec.  6.  If  the  said  corporation  shall  fail  for  thirty  days  to  accept, 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  railroad  within  sixty 
days  from  the  date  of  the  approval  of  this  Ordinance,  then  this  Ordi- 
nance shall  be  of  no  force  and  effect  as  a  grant  unto  said  corporation. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


ORDINA:^^CE   No.   250. 

(Approved  May  9,  1900.) 

An  Ordinance  Granti/ig  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company,  Its  Successors  and  Assigns,  for  a  Term  of 
Forty-Six  Years  From  the  Twenty-Sixth  Day  of  February,  1899, 
the  Franchise,  Riglit,  Permission  and  Privilege  to  Lay  and  Main- 
tain Railroad  Tracks,  and  to  Pass  With  and  Operate  a  Steam 
Railroad  Along,  Upon  and  Across  Certain  Streets,  Portions  of 
Streets  and  Other  Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  San  Fran- 
cisco and  San  Joaquin  Valley  Railway  Company,  a  railroad  corporu- 
tion  dulj'  organized  and  incorporated  as  such  under  and  by  virtue  of 
the  laws  of  the  State  of  California,  and  having  its  ofRce  and  principal 
place  of  business  in  the  City  and  Countj-  of  San  Francisco,  State  of 
California,  its  successors  and  assigns,  so  far  as  it  lies  within  the  power 
of  the  said  City  of  Stockton  to  grant  the  same,  for  the  term  of  forty- 
six  years  from  the  twenty-sixth  day  of  February,  1899,  subject  to  ail 
the  terms,  conditions  and  limitations  hereinafter  made  and  expressed, 
the  franchise,  right  and  privilege  to  lay  and  maintain  along,  upon  and 
across  the  streets  and  portions  of  streets,  and  other  places,  in  the 
said  City  of  Stockton,  County  of  San  Joaquin,  State  of  California,  as 
hereinafter  described,  tracks,  and  to  pass  with  and  operate  a  steam 
railroad  thereon,  and  to  construct  and  maintain  thereon  a  roadbed  of 


180  ORDINANCBS. 


standard  broad-gauge  width,  and  to  lay  down  and  maintain  thereon  » 
track  or  tracks  of  standard  width,  toge*^her  with  all  the  necessary 
curves,  sidetracks,  spurs  and  switches  for  the  convenient  use  thereof 
and  to  run  locomotives  and  cars  thereon;  which  said  streets  and  por- 
tions of  streets,  and  other  places,  in  said  City  of  Stockton,  County  of 
San  Joaquin,  State  of  California,  and  the  said  roadbeds,  tracks,  side- 
tracks, spurs,  curves  and  switches  are  described  as  follows,  to-wit: 

First — A  spur  track  commencing  for  its  center  line  on  the  center 
line  of  the  existing  track  of  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company  on  block  No.  284,  City  of  Stockton,  said  track  being 
a  connection  between  the  main  line  of  the  San  Francisco  and  San 
Joaquin  Valley  Railway  Company  on  Taylor  street  with  the  track  of 
the  Southern  Pacific  Railroad  on  Sacramento  street;  said  point  of 
beginning  being  a  distance  of  130  feet,  more  or  less,  south  from  the 
south  line  of  Scott's  avenue,  and  a  distance  of  110  feet,  more  or  less, 
east  from  the  east  line  of  Sacramento  street;  continuing  th'enoe  in  a 
general  northerly  direction,  in  a  curve,  with  a  radius  of  359  feet,  a 
distance  of  260  feet,  more  or  less,  across  block  No.  284  and  Scott's 
avenue,  to  a  point  on  the  north  line  of  Scott's  avenue,  a  distance  of  10 
feet  east  from  the  east  line  of  Sacramento  street;  continuing  thence 
north  through  block  No.  278,  parallel  to  and  10  feet  distant  east  from 
the  east  line  of  Sacramento  street,  a  distance  of  273  feet,  more  or  less,, 
to  a  point  27  feet  south  from  the  south  line  of  Hazelton  avenue; 
thence  in  a  northerly  direction,  with  reverse  curves,  having  a  radius 
of  359  feet  to  the  left  and  right,  a  distance  of  165  feet,  through  block 
No.  278,  across  Hazelton  avenue,  and  into  Sacramento  street,  to  a  point 
8  feet  distant  west  from  the  east  line  of  Sacramento  street,  and  27 
feet  north  from  the  north  line  of  Hazelton  avenue;  thence  north 
parallel  to  and  8  feet  distant  west  from  the  east  line  of  Sacramento 
street,  a  distance  of  273  feet  to  the  south  line  of  Church  street. 

Also  the  right  to  la 7  down  and  maintain  all  switches,  crossings 
and  other  connections  on  any  and  all  -of  the  aforesaid  tracks  which 
the  said  railway  company  may  consider  necessary  for  their  proper 
operation. 

All  streets,  roads,  blocks  and  lots  referred  to  in  said  description  are 
as  designated  on  the  official  map  of  the  City  of  Stockton  on  file  and  of 
record  in  the  office  of  the  County  Recorder  of  the  County  of  San 
Joaquin;   State  of  Calilornia. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
ma.intain  its  said  roadbeds  in  said  City  of  Stockton  to  the  official  grade 
of  the  said  streets  and  other  places,  and  shall  not  construct  or  raise 
any  portion  of  its  roadbeds  to  a  greater  height  than  said  official 
grades,  unless  with  the  permission  of  the  said  City  Council  of  the 
City  of  Stockton,  except  so  far  as  it  may  be  necessary  in  crossing 
the  roadbeds  and  tracks  of  other  railroads;  and  in  such  case  the  said 
official  grade  shall  not  be  exceeded  by  the  grade  of  said  railroad  for 
a  greater  distance  than  300  feet  on  each  of  the  said  roadbeds  and  tracks 
of  other  railroads  so  crossed,  unless  the  usual  maximum  grade  adnii,^- 
sible  in  the  construction  of  railroads  shall  be  exceeded  if  restricted 
to  300  feet,  in  which  event  the  distance  may  be  extended  until  such 
maximum  grade  is  reached,  and  shall  not,  for  that  or  any  other  purpose, 


ORDINANCES.  181 


remove  any  earth  from  or  make  any  excavations  in  any  of  the  streets? 
of  said  City  of  Stockton,  except  it  may  be  necessary  so  to  do  for  the 
purpose  of  constructing  culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
.passage  of  water  at  such  points  on  said  roadbeds  as  shall  be  selected 
by  the  City  Council  of  the  Citv  oT  Stockton,  or  the  Board  of  Public 
"Works  thereof,  or  the  Superintendent  of  Streets,  and  shall  keep  said 
•culverts  in  constant  repair. 

Thlrdi — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravei, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  niaterial  as  shall  be  ordered  by  said  City  Council 
of  the  City  of  Stockton,  any  and  all  portions  of  the  said  streets  along 
which  their  tracks  are  laid,  between  the  rails  thereof,  and  for  a  widtn 
•extending  two  feet  on  each  side  of  said  tracks,  and  between  the  tracks 
where  the  same  are  double  tracks;  also  between  the  rails  and  for  a 
width  extending  two  feet  on  each  side  thereof  of  all  turns,  curves, 
sidetracks,  switches  and  appendages.  It  shall  keep  the  same,  includ- 
ing the  crossings,  constantly  in  repair  and  flush  with  the  streets,  and 
in  case  crossings  are  taken  up  they  must  be  replaced  immediately 
after  the  completion  of  the  work.  All  work  must  be  done  under  the 
supervision  and  to  the  satisfaction  of  the  Superintendent  of  Streets, 
and  in  no  case  shall  said  corporation,  its  successors  or  assigns,  be 
permitted  to  run  or  operate  said  railroad  on  any  street  or  portion  of 
street  or  other  places  where  the  said  track  or  tracks  are  laid,  urtii 
the  same  have  been  approved  by  the  Superintendent  of  Streets  or  by 
the  said  City  Council  of  the  City  of  Stockton. 

Sec.  3.  For  the  purpovse  of  laying,  other  than  the  original  con- 
struction thereof,  of  repairing  said  railroad  or  any  part  thereof,  not 
more  than  the  lengih  of  one  block  shall  he  obstructed  at  any  one  time, 
nor  for  a  longer  period  than  thirty  working  days,  and  at  the  expira- 
tion of  said  thirty  working  days  said  corporation,  its  succssors  or 
assigns,  shall  forthwith  remove  ail  stone,  lumber,  dirt  and  rubbish 
of  every  kind,  and  lea-'-e  the  street  as  clean  and  in  as  good  order  as  it 
was  at  the  commenceraer.t  of  any  such  work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes  to  enable  teams  to  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation,  for 
the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves, 
sidetracks,  spurs  and  switches,  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  secured 
by  said  corporation  from  the  ov.ners  of  snch  property. 


•to 


Sec.  6.  If  the  said  corporation  shall  fail,  for  thirty  days,  to 
accept,  in  writing,  filed  with  the  City  Clerk  of  the  Citv  of  Stockton, 
the  franchise,  righis  and  privileges  herein  granted,  or  to  commence 
in  good  faith  and  duly  prosecute  the  construction  of  its  railroad  within 
sixty  days  from  the  date  of  the  approval  of  this  Ordinance,  then  this 
Ordinance  shall  be  of  no  force  and  effect  as  a  grant  unto  the  said 
•corporation. 

Sec.  7.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


182  ORDINANCES. 


OUDIXANOE   No.   270. 

(Approved   November  H,   1900.) 

An  Ordinance  Granting  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Con^pany,  Its  Successors  and  Assigns,  for  a  Term  of  Forty- 
six  years  From  the  Twenty-Eighth  Day  of  August,  1900,  the  Fra»^- 
chise,  Right,  Permissior'  anc'  Privilege  to  Lay  and  Maintain  Rail- 
road Tracks,  and  to  Pass  With  and  Operate  a  Steam  or  Other 
Motive  Power  Railroad  Along,  Upon  and  Across  Certain  Streets, 
Portions  of  Streets  and  Other  Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as. 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  San  Fran- 
cisco and  San  Joaquin  Valley  Railway  Company,  a  railroad  corporation 
duly  organized  and  incorporated  as  such  under  and"  by  virtue  of  tho 
laws  of  the  State  of  California,  and  having  its  office  and  principal 
place  of  business  in  the  City  and  County  of  San  Francisco,  State  of 
California,  its  successors  and  assigns,  so  far  as  it  lies  within  the  power 
of  the  said  City  of  Stockton  to  grant  the  same,  for  the  term  of  forty- 
six  years  from  the  twenty-eighth  day  of  August,  1900,  subject  to  ail 
the  terms,  conditions  and  limitations  hereinafter  made  and  expressed, 
the  franchise,  right  and  privilege  to  lay  and  maintain  along,  upon  and 
across  the  streets,  portions  of  streets  and  other  places  in  the  sai'I 
City  of  Stockton,  County  of  San  Joaquin,  State  of  California,  as  herein- 
after described,  tracks,  and  t6  pass  with  and  operate  a  steam  or  other 
motive  power  railroad  thereon,  and  to  construct  and  maintain  thereon, 
a  track  or  tracks  of  standard  broad-gauge  width,  together  with  all 
necessary  curves,  sidetracks,  spurs  and  switches  for  the  convenient 
use  thereof,  and  to  run  locomotives  and  cars  thereon,  which  said 
streets  and  portions  of  streets,  and  other  places,  in  the  said  City  of 
Stockton,  County  of  San  Joaquin,  Stale  of  California,  and  the  said 
roadbeds,  tracks,  sidetracks,  spurs,  curves  and  switches  are  described 
asi  follows,  to-wit: 

First — Commencing  on  the  easterly  line  of  El  Dorado  street  90 
feet  northerly  from  the  north  line  of  Taylor  street,  running  thence  in 
a  westerly  direction  across  said  El  Dorado  street  to  a  point  92  feet 
northerly  from  the  north   line  of  Taylor  street. 

Second — Commencing  on  the  easterly  line  of  El  Dorado  street  9? 
feet  northerly  from  the  north  line  of  Taylor  street,  running  thence  in 
a  westerly  direction  across  said  El  Dorado  street  to  a  point  102  feet 
northerly  from  the  north  line  of  Taylor  street. 

Third — Commencing  on  the  easterly  line  of  El  Dorado  street  128 
feet  northerly  from  the  north  line  of  Taylor  street,  running  thence  ia 
a  westerly  direction  across  said  El  Dorado  street  to  a  point  133  feet 
northerly  from  the  north  line  of  Taylor  street. 

Fourth — Commencing  on  the  easterly  line  of  El  Dorado  street  142 
feet  northerly  from  the  north  line  of  Taylor  street,  running  thence 
westerly  across  said  El  Dorado  street  parallel  with  the  north  line  of 
Taylor  street  to  the  westerly  line  of  said  Ei  Dorado  street. 

Also  the  right  to  lay  down  and  maintain  all  switches,  crossings  and 
other  connections  on  any  and  all  of  the  aforesaid  tracks  which  the 
said  railway  company  may  consider  necessary  for  their  proper  opera- 
tion. 

All  streets,  roads,  blocks  and  lots  referred  to  in  said  description 


ORDINANCES.  183 


are  as  designated  on  the  official  map  of  trie  City  of  Stockton  on  file 
and  of  record  in  the  office  of  the  County  Recorder  of  the  County  of 
San  Joaquin,  State  of  California, 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  coriwration  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  its  said  roadbeds  in  said  City  of  Stockton  to  the  official  grade 
of  the  said  streets  and  other  places,  and  shall  not  construct  or  raise 
any  portion  of  its  roadbeds  to  a  greater  height  than  said  official  grades, 
unless  with  the  permission  of  the  said  City  Council  of  the  City  of 
Stockton,  except  so  far  as  it  may  be  necessary  in  crossing  the  road- 
beds and  tracks  of  other  railroads;  and  in  such  case  the  said  official 
grade  shall  not  be  exceeded  by  the  grade  of  said  railroad  for  a  greater 
distance  than  3-00  feet  on  each  side  of  the  said  roadbeds  and  tracks 
of  other  railroads  so  crossed,  unless  the  usual  maximum  grade  admis- 
sible in  the  construction  of  railroads  shall  be  exceeded  if  restricted  to 
300  feei,  in  which  event  the  distance  may  be  extended  until  such 
maximum  grade  is  reached,  and  shall  not,  for  that  or  any  other  pur- 
pose, remove  any  earth  from  or  make  any  excavations  in  any  of  the 
streets  of  said  City  of  Stockton,  except  it  may  be  necessary  so  to  do 
for  the  purpose  of  constructing  culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  or.  said  roadbeds  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton,  or  the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets,  and  shall  keep  sai.i. 
culverts  in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  rograde,  gravel  or  regravel, 
paank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 
of  the  City  of  Stoclcton.  any  and  all  portions  of  the  said  streets  along 
which  their  tracks  are  laid,  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  traclcs,  and  between  the  tracks 
where  the  same  are  double  tracks;  also  between  the  rails  and  for  a 
width  extending  two  feet  on  each  side  thereof  of  all  turns,  curves, 
sidetracks,  switches  and  appendages.  Tt  shall  keep  the  same,  including 
the  crossings,  constantly  in  repair  and  fiush  with  the  streets,  and  in 
case  crossings  are  taken  up  they  must  be  replaced  immediately  after 
the  completion  of  the  work.  All  work  must  be  done  under  the  supers- 
vision  and  to  the  satisfaction  of  the  Superintendent  of  Streets,  and  in 
no  case  shall  said  corporation,  its  successors  or  assigns,  be  permitted 
to  run  or  operate  said  railroad  on  any  street  or  portion  of  street  or 
other  places  where  the  said  track  or  tracks  are  laid  until  the  same 
have  been  approved  by  the  Superintendent  of  Streets,  or  by  the  said 
City  Council  of  the  City  of  Stockton. 

Sec.  3.  For  the  purpose  of  laying,  other  than  the  original  con- 
struction thereof,  of  repairing  said  railroad,  or  any  part  thereof,  not 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one  time, 
nor  for  a  longer  period  than  thin,y  working  days,  and  at  the  expiration 
of  said  thirty  working  days,  said  corporation,  its  successors  or  assigns, 
shall  forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  even- 
kind,  and  leave  the  street  as  clean  and  in  as  good  order  as  it  was  at  the 
commencement  of  any  such  work. 


184  ORDINANCES. 


Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes,  to  enable  teams  to  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation, 
for  the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves, 
sidetracks,  spurs  and  switches,  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves^  sidetracks,  spurs  and  switches,  are  to  be  secured 
by  said  corporation  from  the  owners  of  such  property. 

Sec.  6.  If  the  said  corporation  shall  fail,  for  thirty  days,  to  accept, 
in  writing,  filed  with  City  Clerk  of  the  City  of  Stockton,  the  franchise, 
rights  and  privileges  herein  granted,  or  to  commence  in  good  faith  and 
duly  prosecute  the  construction  of  its  railroad  within  sixty  days  from 
tho  date  of  the  approval  of  this  Ordinance,  then  this  Ordinance  shall 
be  of  no  force  or  effect  as  a  grant  unto  the  said  corporation. 

Sec.  7.  This  Ordinance  sh^ll  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval 


ORDINANCE   No.   278. 

(Approved   Tanuaj'y  0,  1901.) 

An  Ordinance  Granting  to  the  Sacramento  and  San  Joaquin  Valley 
Railway  Company,  Its  Succe«:sors  or  Assigns,  for  the  Term  of  Fifty 
Years  From  the  Twenty-Eighth  Day  of  August,  1900,  the  Franchise, 
Right,  Permission  and  Privilege  to  Lay  and  Maintain  Railroad 
Tracks,  and  to  Pass  With  and  Operate  a  Steam  or  Other  Motive 
Power  Railroad  Along,  Upon  and  Across  Certain  Streets  and 
Portions  of  Streets,  Levees  and  Portions  of  Levees  and  Other 
Places  in  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  ot  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Sacramento 
and  San  Joaquin  Valley  Railway  Company,  a  railroad  corporation  duly 
organized  and  incorporated  as  such  under  and  by  virtue  of  the  law;? 
of  the  State  of  California,  having  its  office  and  principal  place  of  busi- 
ness in  the  City  and  County  of  Los  Angeles,  State  of  California,  its 
successors  or  assigns,  so  far  as  it  lies  within  the  power  of  the  said 
City  of  Stockton  to  grant  the  same  for  the  term  of  fifty  (.50)  years 
from  the  twenty-eighth  day  of  August,  1900,  subject  to  all  the  terms, 
conditions  and  limitations  hereinafter  made  and  expressed,  the  fran- 
chise, right  and  privilege  to  lav  and  maintain  along  levees  and  portions 
of  levees  and  other  places  in  the  said  City  of  Stockton,  County  of  Sai^ 
Joaquin,  State  of  CaliforDia,  as  hereinafter  described,  tracks,  and  to 
pass  with  and  operate  a  steam  or  other  motive  power  railroad  thereon, 
and  to  construct  and  maintain  thereon  a  roadbed  of  standard  broad- 
gauge  width,  and  to  lay  down  and  maintain  thereon  a  track  or  tracks 
of  standard  >vidth.  together  with  all  necessary  curves,  sidetracks, 
spurs  and  switches  for  the  convenient  use  thereof,  and  to  run  loco- 
motives anc!  cars  thereon,  M'hich  said  streets,  and  portions  of  streets, 
levees  and  portions  of  levees,  and  other  places  in  the  City  of  Stockton, 
County  of  San  Joaquin,  State  of  California,  and  the  said  roadbeds, 
tracks,  sidetracks,  spurs,  curves  and  switches,  are  described  as  fol- 
lows, to-wit: 

Beginning  at  the  intersection  of  the  western  line  of  the  city  limits 
of  the  City  of  Stockton  with  the  northern  line  of  the  city  limits  of  the 


ORDINANCES  185 


City  of  Stockton,  and  running  thence  southerly  along  the  western  line 
of  said  city  limits  to  the  north  hank  of  Stockton  Channel,  all  streets, 
roads,  blocks  and  lots  referred  to  in  said  description  are  as  designated 
on  the  official  map  of  the  City  of  Stockton  on  file  and  of  record  in  the 
office  of  the  County  Recorder  of  the  County  of  San  Joaquin,  State  of 
California. 

Also,  the  right  to  lay  down  and  maintain  all  switches,  crossings 
•and  other  connections  on  any  and  all  of  the  aforesaid  tracks  which  said 
railway  company  may  consider  necessary  for  their  proper  operation. 

Sec.  2.  The  rights,  privileges  and  permissions  herein  granted  to 
said  corporation  are  dependent  for  their  continuance  and  validity  upon 
the  performance  by  said  corporation  in  full  of  all  the  conditions  as 
hereinafter  set  out,  to-wit: 

First — Said  corporation  shall  in  all  cases  construct,  lay  down  and 
maintain  its  said  roadbeds  in  said  City  of  Stockton  to  the  official  grade 
of  the  said  streets  and  other  places,  and  shall  not  construct  or  raise 
any  portion  of  its  roadbeds  to  a  greater  height  than  said  official 
grades,  unless  with  the  permission  of  the  said  City  Council  of  the  City 
of  Stockton,  except  so  far  as  it  may  be  necessary  in  crossing  the  road- 
beds and  tracks  of  other  railroads;  and  in  such  case  the  said  official 
^rade  shall  not  be  exceeded  by  the  grade  of  said  railroad  for  a  greats"' 
distance  than  300  feet  on  each  side  of  the  said  roadbeds  and  tracks  of 
other  railroads  so  crossed,  unless  the  usual  maximum  grade  admissiDie 
in  the  construction  of  railroads  shall  be  exceeded  if  restricted  to  300 
feet,  in  which  event  the  distance  may  be  extended  until  such  maximum 
grade  is  reached,  and  shall  not,  for  that  or  any  other  purpose,  remove 
any  earth  from  or  make  any  excavations  in  any  of  the  streets  of  said 
City  of  Stockton,  except  it  may  be  necessary  so  to  do  for  the  purpose 
of  constructing  culverts. 

Second — Said  corporation  shall  construct  suitable  culverts  for  the 
passage  of  water  at  such  points  on  said  roadbeds  as  shall  be  selected 
by  the  City  Council  of  the  City  of  Stockton,  or  the  Board  of  Public 
Works  thereof,  or  the  Superintendent  of  Streets,  and  shall  keep  said 
culverts  in  constant  repair. 

Third — Said  corporation  shall,  upon  the  order  of  the  said  City 
Council  of  the  City  of  Stockton,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  pile 
or  repile,  with  such  material  as  shall  be  ordered  by  said  City  Council 
of  the  City  of  Stockton,  any  and  all  portions  of  the  said  streets  along 
which  their  tracks  are  laid,  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  tracks,  and  between  the  tracks 
where  the  same  are  double  tracks;  also  between  the  rails  and  for  a 
width  extending  two  feet  on  each  side  thereof  of  all  turns,  curves, 
sidetracks,  switches  and  append  as  es.  It  shall  keep  the  same,  including 
the  crossings,  constantly  in  repair  and  flush  with  the  streets,  and  in 
case  crossings  are  taken  up  they  must  be  replaced  immediately  after 
the  completion  of  the  work.  All  work  must  be  done  under  the  super- 
vision and  to  the  satisfaction  of  the  Superintendent  of  Streets,  and  in 
no  case  shall  said  corporation,  its  successors  or  assigns,  be  permitted 
to  run  or  operate  said  railroad  on  any  street  or  portion  of  street  or  other 
places  where  the  said  track  or  tracks  are  laid,  until  the  same  have  been 
approved  by  the  Superintendent  of  Streets,  or  by  the  said  City  Council 
of  the  City'  of  Stockton. 

Sec.  3.  For  the  Durpose  of  laying,  other  than  the  original  con^ 
struction  thereof,  of  repairing  said  railroad,  or  any  part  thereof,  noti 
more  than  the  length  of  one  block  shall  be  obstructed  at  any  one  time; 


186        ORDINANCES. 


nor  for  a  longer  period  than  thirty  working  days,  and  at  the  expiration 
of  said  thirty  working  days  .':".aid  corporation,  Its  successors  and  assigns, 
shall  forthwith  remove  all  stone,  lumber,  dirt  and  rubbish  of  every 
kind,  and  leave  the  street  as  clean  and  in  as  good  order»as  it  was  at  the 
time  of  commencement  of  any  such  work. 

Sec.  4.  Said  corporation  shall  keep  its  roadbeds  and  tracks  in 
good  condition,  with  proper  slopes,  to  enable  teams  tO'  pass  and  repass 
thereon. 

Sec.  5.  All  privileges  and  rights  required  by  said  corporation,, 
for  the  construction  and  maintenance  of  said  roadbeds,  tracks,  curves, 
sidetracks,  spurs  and  switches,  through  private  property  and  upon 
grades  made  by  private  persons  upon  the  proposed  line  of  said  road- 
beds, tracks,  curves,  sidetracks,  spurs  and  switches,  are  to  be  securea 
by  said  corporation  from  the  owners  of  such  property. 

Sec.  6.  If  the  said  corporation  shall  fail,  for  thirty  days,  to  accept, 
in  writing,  filed  with  the  City  Clerk  of  the  City  of  Stockton,  the  fran- 
chise, rights  and  privileges  herein  granted,  or  to  commence  in  good 
faith  and  duly  prosecute  the  construction  of  its  railroad  within  six 
months  from  the  date  of  the  approval  of  this  Ordinance,  then  this; 
Ordinance  shall  be  of  no  force  or  effect  as  a  grant  unto  the  said  cqt- 
poration. 

Sec.  7.  This  Ordinance  shall  take  efCect  and  be  in  force  from  and 
after  its  passage  and  approval. 


ORDINANCE   No.   3>Sil 

(Became  a  law  May  20,  1903.)  O.  B.  6—287. 

An  Ordinance  Granting  to  the  Western  Pacific  Railway  Company,  Its 
Successions  in  Interest  and  Assigns,  in  So  Far  as  It  Lies  Within 
the  Power  of  the  City  of  Stockton  to  Grant  the  Same,  the  Right,. 
Privilege,  Permission,  Right  of  Way  and  Franchise  to  Construct^ 
Lay  Down,  Maintain  and  Operate  by  Steam  or  Other  Lawful 
Motive  Power  for  the  Term  of  Forty-Nine  Years,  a  Single  or 
Double-Track  Railroad  of  Standard  Gauge;  Together  With  the 
Right,  Privilege,  Right  of  Way,  Franchise  and  Permission  to  Lay 
Down,  Construct,  Operate  and  Maintain  All  the  Switches,  Cross- 
ings. Sidings,  Turnouts,  Slip  Switches,  Spur  Tracks,  Yard  Tracks^ 
Depot  Tracks  and  Terminal  Tracks,  and  All  the  Connections  in 
Conjunction  Therewith,  and  Such  Appendages  and  Adjuncts 
Thereto  as  May  Be  Necessary  for  the  Convenient  Use  of  the  Same^ 
Along,  Across  and  Upon  Certain  Streets,  Avenues,  Alleys,  Lanes, 
Places,  Courts  and  Levees,  Property,  Places  and  Route  in  the 
City  of  Stockton,  the  Center  Line  of  Said  Railroad  Being  Described, 
as  Follows,  To-wit; 

First — Beginning  at  a  point  in  Steamboat  levee  formed  by  the 
intersection  of  the  center  line  of  Lindsay  street,  produced  easterly, 
with  the  east  line  of  Madison  street,  produced  southerly;  said  point  of 
beginning  being  the  point  of  commencement  of  tangent  No.  1;  running 
thence  west  on  said  tangent  No.  1  along  the  center  line  of  Lindsay 
street  to  a  point  on  the  east  line  of  Edison  street,  said  last-mentioned 
point  being  the  point  of  commencement  of  tangent  No.  2;  thence  west- 
erly on  said  tangent  No.  2  to  a  point  300  feet  west  of  the  west  line 
of  Edison  street  and  318  feet  south  of  the  south  line  of  Fremont  street, 
produced,  said  last-mentioned  noint  being  the  point  of  commencement 
of  tangent  No.  3;   thence  west  on  said  tangent  No.  3  and  parallel  to 


ORDINANCES.  18T 


said  south  line  of  Fremont  street  to  a  point  on  the  east  line  of 
Yosemite  street  and  on  the  center  line  of  30-foot  alley,  said  last- 
mentioned  point  being  the  point  of  commencement  of  tangent  No.  4; 
thence  northwesterly  on  said  tangent  No.  4  to  a  point  formed  by  tho 
intersection  of  the  center  line  of  30-foot  alley  with  the  east  boundary 
line  (produced  to  such  intersection)  of  lot  7,  in  block  11,  West  Stock- 
ton, said  last-mentioned  point  being  the  point  of  commencement  of 
tangent  No.  5;  thence  northwesterly  on  said  tangent  No.  5  to  a  point 
on  the  w^est  boundary  of  said  City  of  Stockton,  distant  thereon  20  feet 
south  from  the  northwest  corner  of  block  4,  West  Stockton,  said  last-^ 
mentioned  point  being  the  point  of  commencement  of  tangent  No.  6; 
thence  on  said  tangent  No.  6  northerly  along  the  said  west  boundary 
line  of  said  City  of  Stockton  to  the  north  boundary  line  of  said  City 
of  Stockton. 

Said  tangents  Nos.  1  and  2  being  connected  by  a  1-degree  curve; 
said  tangents  Nos.  2  and  3  being  connected  by  a  1-degree  curve;   said 
tangents  Nos.  3  and  4  being  connected  by  a  4-degree  curve;   said  tan- 
gents Nos.  4  and  5  being  connected  bj^  a  2-degree  curve;  said  tangents- 
Nos.  5  and  6  being  connected  by  an  8-degree  curve. 

Saving  and  excepting  from  the  effect  of  this  grant  all  those  por- 
tions of  said  described  line,  the  center  lines  of  which  are  those  por- 
tions of  said  described  tangents  which  lie  between  the  two  points  of 
tangency  of  each  of  said  curves,  respectively;  except  that  there  is 
included  in  this  grant  all  that  portion  of  said  described  line,  the  center 
line  of  which  is  that  part  of  said  tangent  No.  6  running  along  the  said 
west  boundary  line  of  said  City  of  Stockton. 

Second — Beginning  at  a  point  formed  by  the  intersection  of  ther 
west  line  of  block  No.  8,  West  Stockton,  with  the  line  of  the  8-degree 
curve  connecting  tangents  Nos.  5  and  6,  as  described  hereinbefore; 
and  running  thence  westerly  on  a  tangent  to  said  last-mentioned 
8-degree  curve  to  a  point  on  the  south  line  of  block  No.  3,  West  Stock- 
ton; thence  on  a  4-degree  cun^e  deflecting  to  the  left  to  a  point  formed 
by  the  intersection  of  said  curve  with  the  west  boundary  line  of  said 
City  of  Stockton. 

In  both  of  said  above  descriptions  the  words  "east"  and  "west"  are 
used  for  convenience  to  denote  lines  parallel  to  the  center  line  of 
Lindsay  street;  and  the  words  "north"  and  "south"  to  denote  lines 
parallel  to  the  center  line  of  Edison  street. 

Whereas,  All  notices  required  by  law  have  been  duly  given  and  all 
matters,  acts  and  things  precedent  to  the  granting  of  the  franchise 
and  grant  hereinafter  set  forth  have  heretofore  been  had  and  per- 
formed in  due  form  of  law;  and. 

Whereas,  Due  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission,  right  of  way  and 
franchise  is  hereby  granted  unto  the  Western  Pacific  Railway  Com- 
pany, a  railroad  corporation  organized  and  existing  under  and  by 
virtue  of  the  laws  of  the  State  of  California,  and  to  its  successors  in 
interest,  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the  City 
of  Stockton  to  grant  the  same,  to  use,  for  the  term  of  forty-nine  years 
from  the  date  of  the  passage  of  this  Ordinance,  the  streets,  avenues, 
alleys,  lanes,  places,  courts  and  levees,  property,  places  and  route  anl 
portions  thereof,  in  the  City  of  Stockton,  Coanty  of  San  Joaquin,  State 


188  ORDINANCEJS. 


of  California,  hereinafter  nameri  and  described;  and  to  that  end  the 
said  Western  Pacific  Railway  Company,  its  successors  in  interest  and 
assigns,  in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton 
to  grant  the  same,  is  hereby  granted  the  right,  privilege,  permission, 
right  of  way  and  franchise  to  construct,  lay  down,  maintain  and  oper- 
ate by  steam  or  other  lawful  motive  power,  a  single  or  double-track 
railroad,  as  hereinafter  set  forth,  of  standard  gauge;  together  with 
the  right,  privilege,  permission,  right  of  way  and  franchise  to  lay  down, 
construct,  operate  and  maintain  all  the  switches,  crossings,  sidings, 
turnouts,  slip  switches,  spur  tracks,  yard  tracks,  depot  tracks  and 
terminal  tracks,  and  ail  the  connections  in  conjunction  therewith,  anA 
such  appendages  and  adjuncts  thereto  as  said  Western  Pacific  Railway 
Company,  its  successors  in  interest  and  assigns,  may  consider  neces- 
sary for  the  convenient  use  of  the  same  along,  across  and  upon  the 
streets,  avenues,  alleys,  lanes,  places,  courts  and  levees,  property, 
places  and  route,  in  the  City  of  Stockton,  County  of  San  Joaquin, 
State  of  California,  hereinafter  nam.ed,  described  and  designated;  and 
along,  over,  across,  upon  and  connecting  with  the  right  of  way,  yards, 
terminals,  station  grounds  and  properties  along  the  route  herein  set 
forth,  now  owned  by  said  railway  company,  and  such  as  may  hereafter 
be  acquired  by  it,  its  successors  in  interest  and  assigns;  and  along, 
over,  across,  upon  and  connecting  with  any  and  all  streets,  avenues, 
alleys,  lanes,  places  and  courts  which  may  hereafter  be  opened  through 
or  within  or  into  said  yards,  terminals,  station  grounds  or  properties; 
the  route  of  said  railroad  more  fully  appearing  from  the  map  filed  by 
said  Western  Pacific  Railway  Company  in  the  office  of  the  City  Clerk 
of  the  said  City  of  Stockton  entitled  "Map  showing  franchise  applied 
for  by  Western  Pacific  Railway  Company,  for  certain  lines  of  railroad^ 
through  the  City  of  Stockton,  State  of  California,  March  30th,  1903,"' 
to  which  map  reference  is  hereby  made. 

The  center  line  of  said  railroad  being  described  as  follows,  to- wit: 

First — Beginning  at  a  point  in  Steamboat  levee  formed  by  the 
intersection  of  the  center  line  of  liindsay  street,  produced  easterly, 
with  the  east  line  of  Madison  street,  produced  southerly,  said  point  of 
beginning  being  the  point  of  commencement  of  tangent  No.  1;  running 
thence  west  on  said  tangent  No.  1  along  the  center  line  of  Lindsay 
.street  to  a  point  on  the  east  line  of  FJdison  street,  said  last-mentioned 
point  being  the  point  of  commencement  of  tangent  No.  2;  thence 
westerly  on  said  tangent  No.  2  to  a  point  300  feet  west  of  the  west  line 
of  Edison  street  and  318  feet  south  of  the  south  line  of  Fremont 
street,  produced,  said  last-mentioned  point  being  the  point  of  com- 
mencement of  tangent  No.  3;  thence  west  on  said  tangent  No.  3  and 
parallel  to  said  south  line  of  Fremont  street  to  a  point  on  the  east 
line  of  Yosemite  street  and  on  the  center  line  of  30-foot  alley,  said 
last-mentioned  point  being  the  point  of  commencement  of  tangent 
No.  4;  thence  northwesterly  on  said  tangent  No.  4  to  a  point  formed 
by  the  intersection  of  the  center  line  of  30-foot  alley  with  the  east 
boundary  line  (produced  to  such  intersection)  of  lot  7,  in  block  11, 
West  Stockton,  said  last-mentioned  point  being  the  point  of  com- 
mencement of  tangent  No  5;  thence  northwesterly  on  said  tangent 
No.  5  to  a  point  on  the  west  boundary  line  of  said  City  of  Stockton, 
distant  thereon  20  feet,  south  from  the  northwest  corner  of  block  4, 
West  Stockton,  said  last-mentioned  point  being  the  point  of  com- 
mencement of  tangent  No.  6:  thence  on  said  tangent  No.  6  northerly 
along  the  said  west  boundary  line  of  said  City  of  Stockton  to  the  north 
boundary  line  of  said  City  of  Stockton. 


ORDINANCES.  189- 


Said  tangents  Nos.  1  and  2  being  connected  by  a  1-degree  curve; 
said  tangents  Nos.  2  and  3  being  connected  by  a  1-degree  curve;   said 
tangents  Nos,  3  and  4  being  connected  by  a  4-degree  curve;   said  tan-  ^ 
gents  Nos.  4  and  5  being  connected  by  a  2-degree  curve;  said  tangents 
Nos.  5  and  6  being  connected  by  an  8-degree  curve. 

Saving  and  excepting  from  the  effect  of  this  grant  all  those  por- 
tions of  said  described  line,  the  center  lines  of  which  are  those  por- 
tions of  said  described  tangents  which  lie  between  the  two  points  of 
langency  of  each  of  said  curves,  respectively;  except  that  there  is 
included  in  this  grant  all  that  portion  of  said  described  line,  the  center 
line  of  which  is  that  part  of  said  tangent  No.  6  running  along  the  said 
west  boundary  line  of  said  City  of  Stockton. 

Second — Beginning  at  a  point  formed  by  the  intersection  of  the 
west  line  of  block  No.  8,  West  Stockton,  with  the  line  of  the  8-degree 
curve  connecting  tangents  Nos.  .5  and  6  as  described  hereinbefore; 
and  running  thence  westerly  on  a  tangent  to  said  last-mentioned 
8-degree  curve  to  a  point  on  the  south  line  of  block  No'.  3,  West 
Stockton;  thence  on  a  4-degree  curve  deflecting  to  the  left  to  a  point 
formed  by  the  intersection  of  said  curve  with  the  west  boundary  line 
of  said  City  of  Stockton. 

In  both  of  said  above  descriptions  the  words  "east"  and  "west" 
are  used  for  convenience  to  denote  lines  parallel  to  the  center  line  of 
Lindsay  street;  and  the  words  "north"  and  "south"  to  denote  lines 
parallel  to  the  center  lire  of  Edison  street. 

The  right,  permission,  privilege,  right  of  way  and  franchise  is 
hereby  granted  to  said  Western  Pacific  Railway  Company,  its  successors 
in  interest  and  assigns,  in  so  far  as  it  lie?,  within  the  power  of  the  City 
of  Stockton  to  grant  the  same,  during  the  term  of  forty-nine  years 
from  the  date  of  the  passage  of  this  Ordinance,  to  construct,  lay  down, 
maintain  and  operate  said  railroad  tracks  and  said  railroad,  and  to 
run  and  use  its  engines,  cars  and  trains,  propelled  by  steam  or  other 
lawful  motive  power,  over,  along,  across  and  upon  the  streets,  avenues, 
alleys,  lanes,  places  and  courts,  levees,  property,  places  and  route 
and  parts  thereof  named  and  described;  provided  that  the  free  use  of 
said  streets  shall  not  be  unnecessarily  obstructed  thereby. 

The  said  Western  Pacific  Railway  Company,  its  successors  in 
interest  and  assigns,  ?s  hereby  granted  the  right,  privilege,  iranchise, 
permission  and  right  of  way  along,  across,  over,  upon  and  connecting 
with  the  right  of  way,  yards,  terminals,  station  grounds  and  properties 
along  the  route  herein  set  forth,  now  owned  by  said  railroad  company, 
and  such  as  may  hereafter  be  acquired  by  it,  its  successors  in  interest 
and  assigns;  and  along,  over,  across,  upon  and  connecting  with  any 
and  all  streets,  avenues,  alleys,  lanes,  places  and  courts  which  may 
hereafter  be  opened  through  cr  within  or  into  said  right  of  way, 
yards,  terminals,   station   grounds  and  properties. 

Sec.  2.  Whenever  the  railroad  track  or  tracks  of  said  Western 
Pacific  Railway  Company  hereb^^  authorized  to  be  constructed  is  or 
are  laid  upon  any  public  street,  the  said  Western  Pacific  Railway 
Company,  its  successors  in  interest  and  assigns,  is  required  to  keep 
the  streets  in  repair  between  the  tracks  and  along  and  within  the 
distance  of  two  feet  upon  each  side  of  the  tracks  occupied  by  said 
company;  and  shall,  upon  the  order  of  the  City  Council,  grade  or 
regrade,  gravel  or  regravel,  plank  or  replank,  pave  or  repave,  mac- 
adamize or  remacadamize,  with  such  material  as  shall  be  ordered  by 
said  City  Council,  any  or  all  portions  of  the  streets  along  which  the 
aforesaid  track  is  laid,  between  the  rails  thereof,  and  for  a  width 
extending  two  feet  on  each  side  of  said  tracks. 


190  ORDINANCES. 


Sec.  3.  Wherever  the  line  of  said  railroad  passes  over  the  right 
of  way  owned  by  said  Western  Pacific  Railway  Company,  and 
wherever  the  line  of  said  railroad  shall  pass  over  a  right  of  way  to 
he  acquired  subsequently  by  said  Western  Pacific  Railway  Company, 
or  by  its  successors  in  interest  or  assigns,  the  right,  permission, 
privilege  and  franchise  is  granted  by  the  City  of  Stockton,  in  so  far  as 
it  lies  within  the  power  of  the  City  of  Stockton  to  grant  the  same. 

All  privileges,  permission  and  rights  required  by  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  for  the 
construction  and  maintenance  of  said  switches,  crossings,  sidings, 
turnouts,  slip  switches,  spur  tracks,  yard  tracks,  depot  tracks  and 
terminal  tracks,  and  all  the  connections  in  conjunction  therewith,  and 
appendages  and  adjuncts  thereto,  through  private  property  upon  the 
proposed  line  of  said  railroad,  are  to  be  secured  by  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  from 
the  owners  of  such  property. 

This  Ordinance  shall  take  effect  and  be  in  force  and  effect  from 
and  after  its  passage. 

ORDINANCE   No.   338. 

(Became  a  law  June  3,  1903.)     O.  B.  6—300. 

An  Ordinance  Granting  to  tlie  Western  Pacific  Railway  Company,  Its 
Successors  in  Interest  and  Assigns,  in  So  Far  as  It  Lies  Within 
the  Power  of  the  City  of  Stockton  to  Grant  the  Same,  the  Right, 
Privilege,  Permission,  Right  of  Way  and  Franchise  to  Construct, 
Lay  Down,  Maintain  and  Operate  by  Steam  or  Other  Lawful 
Motive  Power  for  the  Term  of  Forty-Nine  Years,  a  Single  or 
Double-Track  Railroad  of  Standard  Gauge;  Together  With  the 
Right,  Privilege,  Right  of  Way,  Franchise  and  Permission  to  Lay 
Down,  Construct,  Operate  and  Maintain  All  the  Switches,  Crossr 
ings,  Sidings,  Turnouts.  Slip  Switches,  Sour  Tracks,  Yard  Tracks, 
Depot  Tracks  and  Terminal  Tracks,  and  All  the  Connections  In 
Conjunction  Therewith,  and  Such  Appendages  and  Adjuncts 
Thereto  as  May  Be  Necessary  for  the  Convenient  Use  of  the  Same, 
Along,  Across  and  Upon  Certain  Streets,  Avenues,  Alleys,  Lanes, 
Places  and  Courts,  Property,  Places  and  Route  in  the  Said  City 
of  Stockton;  the  Center  Line  of  Said  Railroad  Being  Described  as 
Follows,  To-wit: 

First — A  single  track  railroad,  the  center  line  of  which  is  described 
as  follows,  to-wit: 

Beginning  at  a  point  on  the  east  line  of  Center  street,  distant 
thereon  16  feet  north  of  the  center  line  of  Hazelton  avenue,  and  run- 
ning thence  east  along  Hazelton  avenue  on  a  line  parallel  to  and  distant 
16  feet  north  of  the  said  center  line  of  Hazelton  avenue  tO'  the  west 
line  of  Aurora  street;  with  the  right  to  connect  said  single  track 
railroad  with  the  main  track  of  the  Alameda  and  San  Joaquin  Railroad 
Company  by  a  curve  of  717  feet  radius  defiecting  to  the  south  (and 
a  tangent)  from  a  point  on  said  single  track  railroad  between  the  east 
line  of  Hunter  street  and  the  east  line  of  Center  street. 

Second — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  the  center  line  of  Hazelton  avenue,  distant 
thereon  159  feet  west  of  the  west  line  of  Aurora  street,  and  running 
thence  east  along  said  center  line  of  Hazelton  avenue  to  the  east  line 
■of  East   street. 


ORDINANCES.  191 


Third — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beg-inning  at  a  point  on  the  east  line  of  Grant  street,  distant 
thereon  18  feet  south  of  its  intersection  with  the  center  line  of  Hazel- 
ton  avenue  and  ininning-  thence  east  along  Hazelton  avenue,  on  a  line 
parallel  to  and  distant  18  feet  south  of  the  said  center  line  of  Hazelton 
avenue,  to  the  east  line  of  East  street. 

Fourth — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-vvit: 

Beginning  at  a  point  on  Hazelton  avenue  31  feet  south  of  the  center 
line  thereol  and  105  feet  east  of  the  east  line  of  Center  street,  and 
running  thence  east  along  Hazelton  avenue  on  a  line  parallel  to  and 
distant  31  feet  south  of  said  center  line  of  Hazelton  avenue  to  the 
east  line  of  El  Dorado  street;  with  the  right  to  connect  said  track 
with  the  sidetrack  of  the  Alameda  and  San  Joaquin  Railroad  Company, 
now  constructed  or  hereafter  to  be  constructed  by  virtue  of  the  grant 
of  a  franchise  therefor  by  Ordinance  No.  301,  duly  passed  by  said 
City  Council  of  the  Cit>'  ol  Stockton ;  and  also  with  the  right  to  connect 
.said  single  track  railroad  at  the  west  end  thereof  with  the  main  track 
of  .the  Alameda  and  San  Joaquin  Railroad  Company  by  a  cui^e  of  717 
feet  radius  deflecting  to  the  south. 

Fifth — A  single  track  railroaa,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wii: 

Beginning  at  a  point  on  the  west  line  of  San  Joaquin  street  and 
distant  thereon  31  feet  south  ot  the  center  line  of  Hazelton  avenue, 
and  running  thence  east  along-  Hazelton  avenue  on  a  line  parallel  to 
.and  31  feet  south  from  the  center  line  of  said  Hazelton  avenue  to  the 
west  line  of  Aurora  street;  with  the  right  to  connect  said  track  with 
the  sidetrack  of  the  Alameda  and.  San  Joaquin  Railroad  Company,  now 
•constructed  or  hereafter  to  be  constructed  by  virtue  of  a  grant  of  a 
franchise  thei'efor  by  Ordinance  No.  301,  duly  passed  by  said  City 
■Council  of  the  City  of  Stockton. 

Sixth — A  single  curved  track,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  the  center  line  of  the  track  hereinabove 
described  as  being  16  feet  north  of  the  center  line  of  Hazelton  avenue, 
.said  point  being  distant  thereon  120  feet  west  of  the  west  line  of 
Aurora  street;  and  defiecting  thence  south  with  a  curvature  anci 
reversed  cun-ature  of  7:!  7  feet  radius  and  the  necessary  connecting: 
tangent,  to  point  of  connections  v/ith  the  tracks  hereinbefore  described 
.as  being  on  the  center  line  of  Hazelton  avenue  and  on  a  line  parallel 
to  and  IS  feet  south  of  snid  center  line  of  Hazelton  avenue. 

Seventh — A  double  track,  18  foet  between  centers,  the  center  line 
between  the  tracks  being  described  as  follows,  to-wit: 

Beginning  on  the  center  line  of  Ophir  street  at  its  connection  with 
the  north  line  of  Hazelton  avenue,  and  running  thence  north  along  the 
said  center  line  of  Ophir  street  to  the  north  line  of  North  street. 

Eighth — A  f^ouble  curved  track,  18  feet  between  centers,  the 
center  line  between  the  tracks  being  described  as  follows,  to-wit: 

Beginning  at  a  point  on  Hazelton  avenue  9  feet  south  of  the 
tjenter  line  thereof  and  1.58.5  feet  west  of  the  west  line  of  Pilgrim 
:street,  and  running  thence  on  a  curve  deflecting  to  the  left  with  a 
radius  of  583  feet  to  a  po'nt  on  the  center  line  of  Ophir  street,  distant 
thereon  148.75  feet  south  of  the  south  line  of  Sonora  street. 


192  ORDINANCES. 


Ninth — A  double  curved  track,  IS  feet  between  centers,  the  center 
line  between  the  trycks  being  described  as  follows,  to-wit- 

Beg'lnning  at  a  point  on  Hazelton  avenue  9  leet  south  of  the  center 
line  thereof  and  158.5  feet  e-ist  of  the  esst  line  of  Sierra  Nevada 
street,  and  running  thence  on  a  curve  deflecting  to  the  right,  with  a 
radius  of  583  feet,  to  a  point  on  the  center  line  of  Ophir  street,  distant 
thereon  148.75  feet  south  of  the  south  line  of  Sonora  street.  ; 

In  all  of  said  above  descriptions  the  words  "east"  and  "west"  are 
used  for  convenience  to  denote  lines  parallel  to  the  center  line  of 
Hazelton  avenue:  and  the  words  "north"  and  "south"  to  denote  lines 
parallel  to  the  center  line  of  Center  street. 

And,  whereas,  all  notices  required  by  law  have  been  duly  given  and 
all  matters,  acts  and  things  precedent  to  the  granting  of  the  franchise 
and  grant  hereinafter  set  forth  have  heretofore  been  had  and  pei'r 
formed  in  due  form  of  law;    and, 

Whereas,  Due  compliance  has  been  had  with  all  matters  required 
l?y  the  Charter  of  the  City  of  Stockton; 

Now.  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission,  right  of  way  and 
franchise  is  hereby  granted  unto  the  Western  Pacific  Railway  Com- 
pany, a  railroad  corporation  organized  and  existing  under  and  by 
virtue  of  the  laws  of  the  State  of  California,  and  to  its  successors  in 
Interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the  City 
of  Stockton  tO'  grant  the  yame,  to^  use,  for  the  term  of  forty-nine  years- 
from  the  date  of  the  passage  of  this  Ordinance,  the  streets,  avenues, 
alleys,  lanes,  places  and  courts,  property,  places  and  route  and  portions, 
thereof,  in  the  City  of  Stockton,  Coimty  of  San  Joaquin,  State  of  Cali- 
fornia, hereinafter  named  and  described;  and  to  that  end  the  said 
Western  Pacific  Railway  Company,  its  successors  in  interest  and- 
assigns,  in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton 
to  grant  the  same,  is  hereby  granted  the  right,  privilege^  permission, 
right  of  way  and  franchise  to  construct,  lay  down,  maintain  and  oper- 
ate by  steam  or  other  lawful  motive  power,  a  single  or  double  track 
railroad,  as  hereinafter  set  forth,  of  standard  gauge;  together  with  the 
right,  privilege,  permission,  right  of  way  and  franchise  to  lay  down, 
construct,  operate  and  maintain  all  the  switches,  crossings,  sidings, 
turnouts,  slip  switches,  sour  tracks,  yard  tracks,  depot  tracks  and  ter- 
minal tracks,  and  all  the  connections  in  conjunction  therewith,  and" 
such  appendages  and  adjuncts  thereto  as  said  Western  Pacific  Railway 
Company,  its  successors  in  interest  and  assigns,  may  consider  neces- 
sary for  the  convenient  use  of  the  same  along,  across  and  upon  the 
streets,  avenues,  alleys,  lanes,  places  and  courts,  property,  places  and 
route  in  the  City  of  Stockton,  County  of  San  Joaquin,  State  of  Call- 
foraia,  hereinafter  named,  described  and  designated;  and  along,  oveiv 
across,  upon  and  connecting  with  the  right  of  way,  yards,  terminals, 
station  grounds  and  properties  along  the  route  herein  set  forth,  now 
owned  by  said  railway  company,  and  siich  as  may  hereafter  be 
acquired  by  it,  its  successors  in  interest  and  assigns;  and  along,  over, 
across,  upon  and  connecting  with  any  and  all  streets,  avenues,  alleys, 
lanes,  places  and  courts  which  may  hereafter  be  opened  through  or 
within  or  into  said  yards,  terminals,  station  grounds  or  properties;  the 
route  of  said  railroad  more  fully  appearing  from  the  map  filed  by  said 
Western  Pacific  Railway  Company  in  the  office  of  the  City  Clerk  of  the 
said  City  of  Stockton,  entitled  "Man  showing  franchise  applied  for  by 
Western    Pacific    Railway    Company,    for    certain    lines    of    railroad 


ORDINANCES.  193 


through  the  City  of  Stockton,  State  of  California,  March  30th,  1903," 
to  which  map  reference  hi,  hereby  made,  and  the  same  is  made  a  part 
hereof. 

The  center  line  of  said  railroad  being  described  as  follows,  to-wic: 

First — A  single  track  railroad,  the  center  line  of  which  is  described 
as  follows,  to-wit: 

Beginning  at  a  point  on  the  east  line  of  Center  street,  distant 
thereon  16  feet  north  of  the  center  line  of  Hazelton  avenue,  and  run- 
ning thence  east  along  Hazelton  avenue  on  a  parallel  to  and  distant 
16  feet  north  of  the  said  center  line  of  Hazelton  avenue  to  the  west 
line  of  Aurora  street;  with  the  right  to  connect  said  single  track 
railroad  with  the  main  track  of  the  Alameda  and  San  Joaquin  Railroad 
Company  by  a  curve  of  717  feet  radius  deflecting  to  the  south  (and 
a  tangent)  from  a  point  on  said  single  track  railroad  between  the  east 
line  of  Hunter  street  and  the  east  line  of  Center  street. 

Second — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  the  center  line  of  Hazelton  avenue,  distant 
thereon  150  feet  west  of  the  west  line  of  Aurora  street,  and  running 
thence  east  along  said  center  line  of  Hazelton  avenue  to  the  east  line 
of  East   street. 

•Third- -A  single  track  railroad,  the  center  line  of  which  is  de- 
sicribed  as  follows,  to-wit: 

Beginning  at  a  point  on  the  east  line  of  Grant  street,  distant 
thereon  18  feet  south  of  its  intersection  with  the  center  line  of  Hazel- 
ton avenue,  and  running  thence  east  along  Hazelton  avenue,  on  a  line 
parallel  to  and  distant  18  feet  south  of  the  said  center  line  of  Hazelton 
avenue,  to  the  east  line  of  East  street. 

Fourth — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  Hazelton  avenue  31  feet  south  of  the  center 
line  thereot  and  105  feet  east  of  the  east  line  of  Center  street,  ami 
running  thence  east  along  Hazelton  avenue  on  a  line  parallel  to  and 
distant  31  feet  south  of  said  center  line  of  Hazelton  avenue  to  the 
east  line  of  El  Dorado  street;  with  the  right  to  connect  said  track 
with  the  sidetrack  of  the  Alameda  and  San  Joaquin  Railroad  Company, 
now  constructed  or  hereafter  to  be  constructed  by  virtue  of  the  grant 
of  a  franchise  therefor  by  Ordinance  No.  301,  duly  passed-  by  said 
City  Council  of  the  City  of  Stockton;  and  also  with  the  right  to  connect 
said  single  track  railroad  at  the  west  end  thereof  with  the  main  track 
of  the  Alameda  and  San  Joaquin  Railroad  Company  by  a  curve  of  717 
feet  radius  deflecting  to  the  south 

Fifth — A  single  track  railroad,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  the  west  line  of  San  Joaquin  street  and 
distant  thereon  31  feet  south  of  the  center  line  of  Hazelton  avenue, 
and  running  thence  east  along  Hazelton  avenue  on  a  line  parallel  to 
and  31  feet  south  from  the  center  line  of  said  Hazelton  avenue  to  the 
west  line  of  Aurora  street;  with  the  right  to  connect  said  track  with 
the  sidetrack  of  the  Alameda  and  San  Joaquin  Railroad  Companj',  now 
constructed  or  hereafter  to  be  constructed  by  virtue  of  a  grant  of  a 
franchise  therefor  by  Ordinance  No.  301,  duly  passed  by  said  City 
Council  of  the  City  of  Stockton. 

Sixth — A  single  cui'^'ed  track,  the  center  line  of  which  is  de- 
scribed as  follows,  to-wit: 

Beginning  at  a  point  on  the  center  line  of  the  track  hereinabove 
described  as  being  16  feet  north  of  the  center  line  of  Hazelton  avenue. 


194  ORDINANCES. 


said  point  being  distant  thereon  12G  feet  west  of  the  west  line  of 
Aurora  street;  and  deflecting  thence  south  with  a  curvature  and 
reversed  curvature  of  717  feet  radius  and  the  necessary  connecting 
tangent,  to  point  of  connections  with  the  tracks  hereinbefore  described 
as  being  on  the  center  line  of  Kazelton  avenue  and  on  a  line  parallel 
to  and  18  feet  south  of  snid  center  line  of  Hazelton  avenue. 

Seventh — A  double  tmck,  18  feet  between  centers,  the  center  line 
between  the  tracks  being  described  as  follows,  to-wit: 

Beginning  on  the  center  line  of  Ophir  street  at  its  connection  with 
the  north  line  of  Hazelton  avenue,  and  running  thence  north  along  the 
said  center  line  of  Ophir  street  to  the  north  line  of  North  street. 

Eighth — A  double  curved  track,  18  feet  between  centers,  the 
center  line  between  the  tracks  being  described  as  follows,  to-wit: 

Beginning  at  i  point  on  Hazelton  avenue  9  feet  south  of  the 
center  line  thereof  and  158.5  feet  west  of  the  west  line  of  Pilgrim 
street,  and  running  thence  on  a  curve  defecting  to  the  left  with  a 
radius  of  583  feet  to  a  point  on  the  center  line  of  Ophir  street,  distant 
thereon  148.75  feet  south  of  the  south  line  of  Sonora  street. 

Ninth — A  doubl*^  curved  track,  18  feet  between  centers,  the  center 
line  between  the  tracks  being  described  as  follows,  to-wit: 

Beginning  at  a  point  on  Hazelton  avenue  P  feet  south  of  the  center 
line  thereof  and  158.5  feet  east  of  the  east  line  of  Sierra  Nevada 
street,  and  running  thence  on  a  curve  deflecting  to  the  right,  with  a 
radius  of  583  feet,  to  a  point  on  the  center  line  of  Ophir  street,  distant 
thereon  148.75  feet  south  of  the  south  line  of  Sonora  street. 

In  all  of  said  above  descriptions  the  words  "east"  and  "west"  aro 
used  for  convenience  to  denote  lines  parallel  to  the  center  line  of 
Hazelton  avenue;  and  the  words  "north"  and  "south"  to  denote  lines 
parallel  tO'  the  center  line  of  Center  street. 

The  right,  permission,  privilege,  right  of  way  and  franchise  ii 
hereby  granted  to  said  Western  Pacific  Railway  Company,  its  suc- 
cessors in  interest  and  assigns,  in  so  far -as  it  lies  within  the  power  of 
the  City  of  Stockton  to  grant  the  same,  during  the  term  of  forty-nine 
years  from  the  date  of  the  passage  of  this  Ordinance,  to  construct,  lay 
down,  maintain  and  operate  said  railroad  tracks  and  said  railroad  and 
to  run  and  use  its  engines,  cars  and  trains  propelled  by  steam  or  other 
lawful  motive  power  over,  along  and  upon  the  streets,  avenues,  alleys, 
lanes,  places  and  courts,  propertv,  places  and  route  and  parts  thereof 
named  and  described;  provided  that  the  free  use  of  said  streets  shall 
not  be  unnecessarily  obstructed  thereby. 

The  said  Western  Pacific  Railway  Company,  its  successors  in 
interest  and  assigns,  is  hereby  granted  the  right,  privilege,  franchise, 
permission  and  right  of  way  along,  across,  over,  upon  and  connecting 
with  the  right  of  way,  yards,  terminals,  station  grounds  and  properties 
along  the  route  herein  set  forth,  now  owned  by  said  railway  company 
and  such  as  may  hereafter  be  acquired  by  it,  its  successors  in  interest 
and  assigns;  and  along,  over,  across,  upon  and  connecting  with  any 
and  all  streets,  avenues,  alleys,  lanes,  places  and  courts  which  may 
hereafter  be  opened  through  or  within  or  into  said  right  of  way,  yards, 
terminals,  station  grounds  or  properties. 

Sec.  2.  Whenever  the  railroad  track  or  tracks  of  said  Western 
Pacific  Railway  Company  hereby  authorized  to  be  constructed  is  or  are 
laid  upon  any  public  street,  the  said  Western  Pacific  Railway  Company, 
its  successors  in  interest  and  assigns,  is  required  tO'  keep  the  streets  in 
repair  between  the  tracks  and  along  and  within  the  distance  of  two 
feet  upon  each  side  of  the  tracks  occupied  by  said  company;  and  shall, 


ORDINANCES.  195 


upon  the  order  of  the  City  Council,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamlze,  with 
such  material  as  shall  be  ordered  by  said  City  Council,  any  or  all  por- 
tions of  the  streets  along  which  the  aforesaid  track  is  laid,  between' 
the  rails  thereof  and  between  the  tracks  thereof,  where  there  are 
double  tracks,  and  for  a  width  extending  two  feet  on  each  side  of  said 
track. 

Sec.  3.  Wherever  the  line  of  said  railroad  passes  over  the  right 
of  way  owned  by  said  Western  Pacific  Railway  Company,  and  wherever 
the  line  of  said  railroad  shall  pass  over  a  right  of  way  to  be  acquired 
subsequently  by  said  Western  Pacific  Railway  Company,  or  its  suc- 
cessors in  interest  or  assigns,  the  right,  permission,  privilege  and 
franchise  is  granted  by  the  City  of  Stockton,  in  so  far  as  it  lies  within, 
the  power  of  the  City  of   Stockton  to  grant  the  same. 

All  privileges,  permission  and  rights  reouired  by  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  for 
the  construction  and  maintenance  of  said  switches,  crossings,  sidings, 
turnouts,  slip  switches,  spur  tracks,  yard  tracks,  depot  tracks  and 
terminal  tracks,  and  all  the  connections  in  conjunction  therewith,  and 
appendages  and  adjuncts  thereto,  through  private  property  upon  the 
proposed  line  of  said  railroad,  are  to  be  secured  by  said  Western  Pacific 
Railway  Company,  its  successors  in  interest  and  assigns,  from  the 
owners  of  such  property. 

This  Ordinance  shall  take  effect  and  be  in  force  and  effect  fro)Q 
and  after  its  passage. 

ORDINANCE   No.    441. 

(Approved  June  1,  1907.)      O.  B.   7—142. 

An  Ordinance  Granting  to  the  Western  Pacific  Railway  Company  (a 
Corporation),  Its  Successors  in  Interest  and  Assigns,  in  So  Far 
as  It  Lies  Within  the  Power  of  the  City  of  Stockton  to  Grant  the 
Same,  the  Franchise,  Right,  Privilege,  Permission  and  Right  of 
Way  to  Construct,  Lay  Down,  Maintain  and  Operate  by  Steam  or 
Other  Lawful  Motive  Power,  for  the  Term  of  Forty-Seven  Years, 
a  Double  Track  Railroad  of  Standard  Gauge,  Together  With  the 
Right  to  Lay  Down,  Construct,  Maintain  and  Operate  All  Switches, 
Crossings,  Sidings,  Sidetracks,  Slip  Switches,  and  Such 
Appendages  and  Adjuncts  Thereto  as  May  Be  Necessary  for  the 
Convenient  Use  of  the  Same,  Over,  Upon  and  Along  the  Route 
Hereinafter  Described,  and  Upon,  Along,  Over  and  Across  Those 
Certain  Streets,  Avenues,  Alleys,  Lanes,  Places,  Courts  and 
Levees  in  the  City  of  Stockton,  County  of  San  Joaquin,  State  of 
California,  the  Same  Being  Described  by  Its  Center  Line  as 
Follows: 

Beginning  at  the  north  end  of  the  tangent  3,420  feet  long,  which 
•said  tangent  is  a  part  of  the  description  of  the  franchise  granted  to  your 
petitioner  by  Ordinance  No.  421  of  Ordinances  of  the  City  oi  Stockton, 
and  is  mentioned  in  said  Ordinance  No.  421,  which  said  point  of 
beginning  is  176.75  feet  easterly  from  the  east  line  of  Sacramento 
street,  in  the  City  of  Stockton,  and  seventy  (70)  feet  southerly  from  the 
south  line  of  Vine  street,  running  thence  north  12  degrees  8  minutes 
west  in  a  straight  line  and  being  a  continuation  of  said  3,420-foot 
tangent  a  distance  of  857.8  feet,  more  or  less,  to  an  intersection  with 
the  north  city  limits  of  the  City  of  Stockton,  said  point  of  intersection 


196  ORDINANCES. 


being  distant  176.75  feet  easterly  from  the  east  line  of  Sacramento 
street,  said  line  of  railroad  being  substantially  delineated  and  set  forth 
on  the  accompanying  map,  which  is  made  a  part  hereof  and  entitled 
"Map  showing  franchise  applied  for  by  the  Western  Pacific  Railway 
C<Mnpany  for  certain  lines  of  railroad  through  the  City  of  Stockton 
State  of  California,  February  25,  1907." 

Whereas,  All  notices  required  by  law  have  been  duly  given  and 
all  matters,  acts  and  things  precedent  to  the  granting  of  the  franchise 
and  grant  hereinafter  set  forth  have  heretofore  been  had  and  per- 
formed in  due  form  of  law;  and. 

Whereas,  Dne  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission,  right  of  way  an.i 
franchise  is  hereby  granted  unto  the  Western  Pacific  Railway  Com- 
pany, a  railroad  corporation  organized  and  existing  under  and  by 
virtue  of  the  laws  of  the  State  of  California,  and  to  its  successors  in 
interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the  City 
of  Stockton  to  grant  the  same,  to  use  for  the  term  of  forty-seven  years 
from  the  date  of  the  passage  of  this  Ordinance,  the  streets,  avenues, 
alleys,  lanes,  places,  courts  and  levees,  property,  places  and  route  and 
portions  thereof  in  the  City  of  Stockton,  County  of  San  Joaquin,  Stato 
of  California,  hereinafter  named  and  described,  and  to  that  end  tho 
said  Western  Pacific  Railway  Company,  its  successors  in  interest  and 
assigns,  in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton  to 
grant  the  same,  is  hereby  granted  the  right,  privilege,  permission,  righi: 
of  way  and  franchise  to  construct,  lay  down,  maintain  and  operate  by 
steam  or  other  lawful  motive  power  a  double  track  railroad,  as  herein- 
after set  forth,  of  standard  gauge,  18  feet  between  centers,  together 
with  the  right,  privilege,  permission,  right  of  way  and  franchise  to  lay 
down,  construct,  operate  and  maintain  all  the  switches,  crossings, 
sidings,  turnouts,  slip  switches.  spUr  tracks,  yard  tracks,  depot  tracks 
and  terminal  tracks,  and  all  connections  in  con.iunction  therewith,  and 
such  appendages  and  adjuncts  thereto  as  said  Western  Pacific  Railway 
Company,  its  successors  in  interest  and  assigns,  may  consider  neces- 
sary for  the  convenient  use  of  the  same  along,  across  and  upon  the 
streets,  avenues,  alleys,  places,  courts,  levees,  property,  places  and 
route  in  the  City  of  Stockton,  County  of  San  Joaquin,  State  of  Cali- 
fornia, hereinafter  named,  described  and  designated;  and  along,  over 
and  across  and  upon  and  connecting  with  the  right  of  way,  yards, 
terminal  tracks,  station  grounds  and  properties  along  the  route  herein 
set  forth  now  owned  by  said  Western  Pacific  Railway  Company,  and 
such  as  may  be  hereafter  acquired  by  it,  its  successors  in  interest  and 
assigns,  and  along,  over,  across,  upon  and  connecting  with  any  and 
all  streets,  avenues,  alleys,  lanes,  places  and  courts  which  may  here- 
after be  opened  through  or  within  or  into  said  yards,  terminals,  station 
grounds  or  properties. 

Wherever  the  right,  privilege,  permission,  right  of  way  and  fran- 
chise to  lay  down,  construct,  operate  and  maintain  switches,  crossings, 
sidings,  turnouts,  slip  traclrs,  spur  tracks,  yard  tracks,  depot  tracks 
and  terminal  tracks  as  herein  set  forth  is  granted  to  the  said  Western 
Pacific  Railway  Company,  .along,  across  and  upon  any  street,  avenue 
or  alley,  said  company  must,  before  the  construction  of  such  switches, 
crossings,  sidings,  turnouts,  slip  tracks,  spur  tracks,  yard  tracks,  depot 
tracks  and  terminal   tracks,  obtain  the  approval  of  the  City  Council 


ORDINANCES.  197 


as  tx>  the  extent  and  location  thereof  across  and  upon  such  avenue  or 
alley;  provided,  nowever.  that  said  Western  Pacific  Railway  Company, 
its  successors  and  assigns,  may  construct  two  sidings  along,  across  and 
upon  the  streets,  avenues,  alleys,  lanes  and  places  along  the  route 
therein  set  forth,  the  center  line  of  each  of  said  sidings  not  to  exceed 
18  feet  from  the  center  line  of  the  nearest  track  or  tracks  thereto, 
said  sidings  not  to  be  constructed  east  of  the  west  line  of  Union  street, 
the  route  of  said  railroad  more  fully  appearing;  from  the  map  filed  by 
said  Western  Pacific  Railway  Company  in  the  office  of  the  City  Clerk 
of  the  City  of  Stockton,  entitled  "Map  showing  franchise  applied  foir  by 
the  Western  Pacific  Railway  Compa.ny  for  certain  lines  of  railroad 
through  the  City  of  Stockton,  State  of  California,  February  25,  1907," 
to  which  map  reference  is  hereby  made  and  the  same  is  made  a  part 
hereof,  the  center  line  of  said  railroad  being  described  as  follows,  to- 
wit:  Beginning  at  the  north  end  of  the  tangenti  3,420  feet  long,  which 
said  tangent  is  a  part  of  the  description  of  the  franchise  granted  to 
your  petitioner  by  Ordinance  No.  421  of  Ordinances  of  the  City  of 
Stockton,  and  is  mentioned  in  said  Ordinance  No.  421,  which  said  point 
of  beginning  is  176.75  feet  easterly  from  the  east  line  of  Sacramento 
street,  in  the  City  of  Stockton,  and  70  feet  southerly  from  the  south 
line  of  Vine  street,  running  thence  north  12  degrees  8  minutes  west 
In  a  straight  line  and  being  a  continuation  of  said  3,420-foot  tangent  a 
distance  of  857.8  feet,  more  or  less,  to  an  intersection  with  the  north 
city  limits  of  the  City  of  Stockton,  said  point  of  intersection  being 
distant  176.75  feet  easterly  from  the  east  line  of  Sacramento  street. 

The  right,  permission,  privilege,  right  of  way  and  franchise  is 
hereby  granted  to  said  Western  Pacific  Railway  Company,  its  succes- 
sors in  interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the 
City  of  Stockton  to  grant  the  same,  during  the  teiTn  of  forty-seven 
years  from  the  date  of  the  passage  of  this  Ordinance  to  construct,  lay 
down,  maintain  and  operate  said  railroad  tracks  and  said  railroad,  and 
to  run  its  engines,  cars  and  trains,  propelled  by  steam  or  other  lawful 
power,  over,  along  and  upon  the  streets,  avenues,  alleys,  lanes,  places 
and  courts,  levees,  property,  places  and  route  and  parts  thereof  named 
and  described;  provided  that  the  free  use  of  said  streets  shall  not  be 
unnecessarily  obstructed  therebj^ 

The  said  Western  Pacifi.';;  Railv.^ay  Company,  its  successors  in  inter- 
est and  assigns,  is  hereby  granted  the  right,  privilege,  franchise,  per- 
mission and  right  of  way  along,  across,  over,  upon  and  connecting 
with  the  right  of  way,  yards,  terminals,  station  grounds  and  properties 
along  the  route  herein  set  forth,  now  owned  by  said  railroad  company, 
and  such  as  may  be  acquired  by  it,  its  successors  in  interest  and 
assigns;  and  along,  over,  across,  upon  and  connecting  with  any  and  all 
streets,  avenues,  alleys,  lanes,  places  and  courts  which  may  be  here- 
after opened  through  or  within  or  into  said  right  of  way,  yards,  ter- 
minals, station  grounds  or  properties. 

Sec.  2.  Whenever  the  railroad  track  or  tracks  of  said  Western 
Pacific  Railway  Company  hereby  authorized  to  be  constructed  is  or  are 
laid  upon  any  public  street,  the  said  Western  Pacific  Railway  Company, 
its  successors  in  interest  and  assigns,  is  required  to  keep  the  streets 
in  repair  between  the  tracks  and  along  and  within  the  distance  of  two 
feet  upon  each  side  of  the  tracks  occupied  by  said  company;  and  shall, 
upon  order  of  the  City  Council,  grade  or  regrade,  gravel  or  regravel, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  with 
such  material   as  shall  be  ordered  by  said   City  Council,   any  or  all 


198  ORDINANCES. 


portions  of  the  streets  along  which  the  aforesaid  track  is  laid,  between 
the  rails  thereof,  and  for  a  width  extending  two  feet  on  each  side  of 
said  tracks. 

Sec.  3.  The  rights  and  privileges  hereby  granted  to  said  railroad 
company  are  dependent  for  their  continuance  and  validity  upon  the 
performance  by  said  company,  its  successors  or  assigns,  of  the  follow- 
ing conditions,  to-wit: 

First — The  said  railroad  company,  its  successors  and  assigns,  shall 
construct  and  maintain  the  tracks  and  roadbed  hereinbefore  men- 
tioned upon  said  streets  to  the  official  grade  thereof  when  required 
so  to  do  by  the  City  Council,  and  if  not  so  required,  then  the  grade 
adopted  by  said  company  shall  be  subject  to  the  approval  of  such 
Council. 

Second — Said  railroad  shall  provide  and  maintain  in  good  repair 
and  condition  crossings  over  its  tracks  and  roadbed  where  the  same 
crosses  any  of  the  streets  and  avenues  herein  mentioned;  such  cross- 
ings shall  be  constructed  the  full  width  of  the  street  and  approaches 
made  thereto  on  a  slope  of  not  less  than  25  to  1  and  so  as  to  provide  a 
safe  and  convenient  crossing  for  teams,  carriages  and  vehicles. 

Third — At  no  time  shall  the  cars  or  trains  of  said  company,  its 
successors  or  assigns,  be  allowed  to  stand  upon  any  street  crossing 
except  for  the  purpose  of  operating  the  same,  and  then  not  longer 
than  ten  minutes  at  any  tim^e. 

Fourth — Said  railroad  company,  its  successors  and  assigns,  shall 
construct  and  maintain  suitable  culverts  for  the  passage  of  water  at 
such  points  on  said  roadbeds  as  shall  be  designated  by  the  City 
Council. 

Fifth — The  City  Council  reserves  the  power  to  make  and  enforce 
valid  Ordinances  and  regulations  for  the  safety  and  protection  of  the 
traveling  public  occasioned  by  the  operation  of  said  railroad  under  this 
franchise. 

Sixth — If  the  said  railroad  company  shall  fail  for  thirty  (30)  days 
to  accept,  in  writing,  filed  with  the  City  Clerk  of  said  city,  the  fran- 
chise, rights  and  obligations  herein  granted,  then  this  Ordinance  shall 
be  of  no  force  or  effect. 

Sec.  4.  Whenever  the  line  of  said  railroad  passes  over  the  right 
of  way  owned  by  said  Western  Pacific  Railway  Company,  and  whenever 
the  line  of  said  railroad  shall  pass  over  a  right  of  way  to  be  acquired 
subsequently  by  said  W^estern  Pacific  Railway  Company,  or  by  its 
successors  in  interest  and  assigns,  the  right,  permission,  privilege  and 
franchise,  is  granted  by  the  City  of  Stockton,  in  so  far  as  it  lies  within 
the  power  of  the  City  of  Stockton  to  grant  the  same. 

All  privileges,  permission  and  rights  required  by  said  Western 
Pacific  Railway  Company,  its  successors  in  interest  and  assigns,  for  the 
construction  and  maintenance  of  said  line  of  railroad,  switches,  cross- 
ings, sidings,  turnouts,  slip  switches,  spur  tracks,  yard  tracks,  depot 
tracks  and  terminal  tracks,  and  all  the  connections  in  conjunction 
therewith  and  appendages  and  adjuncts  thereto  through  private  prop- 
erty upon  the  proposed  line  of  said  railroad,  are  to  be  secured  by  said 
Western  Pacific  Railway  Company,  its  successors  in  interest  and 
assigns,  from  the  owners  of  such  property. 

This  Ordinance  shall  take  effect  and  be  in  force  and  effect  from 
and  after  its  passage  and  approval. 


ORDINANCES.  199 


ORDINANCE  No.  77. 

(Approved  December  2,  1891.) 

An  Ordinance  Granting  to  James  A.  Louttit,  His  Successors  in  Interest 
and  Assigns,  the  Franch'se,  Right,  Right  of  Way  and  Permission 
to  Construct,  Maintain  and  Operate  for  Himself,  His  Successors  in 
Interest  and  Assigns,  a  Street  Railroad  Propelled  by  Cable,  Run 
by  Stationary  Engine,  or  by  Electricity,  Natural  Gas,  Compressed 
Air  or  Other  Lawful  Motor  Power  Than  Movable  Steam  Engines 
or  Horses  or  Mules,  With  the  Necessary  Poles,  Wires  and  Other 
Electric  and  Mechanical  Appliances,  Turnouts,  Switches  and 
Turntables,  Over  and  Along  the  Following  Streets  and  Portions 
of  Streets  in  the  City  of  Stockton,  County  of  San  Joaquin,  State 
of  California,  To-wit: 

On  Main  street  from  the  east  line  of  East  street  westerly  to  El 
Dorado  street,  and  thence  northerly  alon.^  El  Dorado  street  to  the 
north  line  of  Magnolia  street,  with  a  branch  extending  therefrom  along 
Acacia  street  westerly  to  the  west  line  of  Tule  street.  Also  on  Cali- 
fornia street  from  the  north  line  of  North  street  southerly  to  Market 
street  and  thence  westerly  on  Market  street  to  San  Joaquin  street, 
and  thence  southerly  along  San  Joaquin  street  to  the  south  line  of 
South  street,  with  a  branch  extending  therefrom  along  Church  street 
westerly  to  Center  street,  and  thence  southerly  along  Center  street 
to  the  north  line  of  Mormon  avenue.  Also  a  iDranch  from  said  San 
Joaquin-street  line  extending  easterly  along  Clay  street  to  Ophir  street; 
thence  southerly  along  Ophir  street  to  the  north  line  of  South  street. 
Also  northerly  along  Pilgrim  street  from  Main-street  line  to  Poplar 
street;  also  southerly  along  Pilgrim  street  from  Main-street  line  to 
Clay  street. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  James  A. 
Louttit,  his  successors  in  interest  and  assigns,  for  the  term  of  fifty 
(50)  years  from  the  approval  of  this  Ordinance,  but  subject  to  all  the 
terms  and  conditions  hereinafter  made  or  expressed,  the  franchise, 
right,  right  of  way  and  privilege  lo  construct,  lay  down,  maintain  and 
repair  a  double-track  street  railroad  track,  together  with  the  necessary 
turnouts,  turntables,  switches  and  other  appliances  and  apparatus  for 
propelling,  drawing  or  running  on  said  tracks  street  cars  propelled, 
drawn  or  run  by  electricity,  by  stationary  engines,  by  cables,  by  natural 
gas,  by  compressed  air  or  by  any  lawful  motive  power  other  than 
movable  steam  engines,  horses  or  mules,  over  and  along  the  following- 
named  streets  in  the  City  cf  Stockton,  County  of  San  Joaquin,  State 
of  California,  to-wit: 

On  Main  street  from  East  street  to  El  Dorado  street,  and  thencf^ 
along  El  Dorado  street  to  the  north  line  of  Magnolia  street,  with  n 
branch  extending  along  Acacia  street  to  the  west  line  of  Tule  street. 

Also  on  California  street  from  north  line  of  North  street  to 
Market  street,  and  rhence  on  Market  street  to  San  Joaquin  street,  and 
thence  on  San  Joaquin  street  to  the  south  line  of  South  street,  with  a 
branch  extending  therefrom  along  Church  street  to  Center  street,  and 
thence  along  Center  street  to  the  north  line  of  Mormon  avenue;  also 
a  branch  from  San  Joaquin  street  along  Clay  street  to  Ophir  street: 
thence  along  Ophir  street  to  the  south  line  of  South  street;  also  along 
Pilgrim  street  from  Main-street  line  to  Poplar  street;  also  along  Pil- 
grim street  from  Main- street  line  to  Clay  street. 


200  ORDINANCES. 


Sec.  2.  The  City  of  Stockton  hereby  grants  to  said  James  A. 
Louttit,  his  successors  in  interest  and  assigns,  for  the  period  of  fifty 
(50)  years  from  the  approval  of  this  Ordinance,  but  subject  to  the 
terms  and  conditions  hereinafter  made  or  expressed,  the  franchise, 
right  and  privilege  to  run,  propel  or  draw  over  and,  along  the  streets 
aforesaid,  street  cars  run,  propelled  or  drawn  by  cable,  by  stationary 
engine,  by  electricity,  by  natural  gas,  by  compressed  air,  or  by  any 
lawful  motive  power  other  than  movable  steam  engines,  or  horses  or 
mules,  for  the  conveyance  of  passengers  and  freight  for  hire,  and 
?:rants  also  to  the  same  parties,  subject  to  the  same  terms  and  con- 
ditions, for  the  period  of  six  (6)  months,  and  no  longer,  from  the 
approval  of  this  Ordinance,  the  franchise,  right  and  privilege  to  run, 
propel  or  draw  over  and  along  the  streets  now  occupied  by  the  Stock- 
ton Street  Railroad  Company,  or  tracks  aforesaid,  street  cars  run,  pro- 
pelled or  drawn  by  horses,  mules  or  any  motive  power  other  than  mov- 
able steam  engines,  for  the  conveyance  of  passengers  and  freight  for 
hire. 

Sec.  3.  The  said  street  railroad  track  must  be  double  throughout 
its  entire  length,  and  the  rails  thereof  throughout  its  entire  length 
must  be  of  the  most  approved  flat-rail  pattern  used  for  street  railroads, 
and  be  laid  and  kept  flush  with  the  surface  of  the  street  and  so  as  to 
present  the  least  possible  obstruction  or  impairment  of  the  ordinary 
use  of  the  street  by  the  public. 

The  two  tracks  constituting  said  double  track  shall  be  equidistant 
from  the  center  line  of  the  street,  shall  be  of  not  more  than  five  (5) 
feet  gauge,  and  the  center  line  of  each  of  them  shall  be  not  less  than 
eight  (8)  nor  more  than  ten  (10)  feet  distant  from  the  center  line  of 
the  other. 

The  cars  used  shall  be  of  the  pattern  and  kind  most  approved  for 
the  comfort,  convenience  and  safety  of  passengers,  and  all  electric 
motor  cars  shall  be  lighted  by  electricity. 

Sec.  4.  The  roadbed,  the  space  between  the  two'  tracks,  and  two 
feet  on  the  outer  side  of  each  and  both  of  the  same  and  throughout 
the  entire  length  of  the  street  used  for  said  track,  must  and  shall  be 
improved  at  the  expense  of  said  grantee,  his  successors  in  interest  or 
assigns,  at  the  same  time  when  and  with  such  materials  as  other  por- 
tions of  the  streets  may  be  improved  by  order  of  the  City  Council, 
and  thereafter  kept  in  continuously  good  repair  under  the  supervision 
of  the  Superintendent  of  Streets  and  to  his  satisfaction,  and  that  of 
the  City  Council,  and  with  such  good  and  substantial  crossings  as  may 
be  required  by  the  City  Council  or  Superintendent  of  Streets. 

Sec.  5.  This  franchise  is  granted  upon  each  and  all  of  the  follow- 
ing conditions,  viz.: 

First — That  single  fares  on  'such  road  shall  not  exceed  5  cents. 

Second — That  the  construction  of  said  track  and  railroad  be  com- 
menced in  good  faith,  and  not  merely  colorably,  within  six  months 
from  the  date  of  the  approval  of  this  Ordinance. 

Third — That  every  portion  of  the  track  for  which  this  franchise 
is  granted  which  is  to  bo  laid  on  streets,  or  parts  of  streets,  over  or 
along  which  there  are  now  grants  or  franchises,  to  or  held  by  the 
Stockton  Street  Railroad  Company,  shall  be  completed  within  one  year 
after  the  date  of  the  approval  of  this  Ordinance,  and  all  other  portions 
of  the  same  within  two  years  after  said  date. 

Fourth — That  the  cars  of  said  railroad  and  said  railroad  be  run- 
ning and  in  full  operation  for  the  conveyance  of  passengers  throughout 


ORDINANCES.  201 


the  entire  length  of  the  track  hereinbefore  specified  (and  which  shall 
not  have  been  abandoned  by  and  with  the  consent  of  the  City  Council 
as  hereinafter  provided)  within  two  years  from  the  date  of  the 
approval  of  this  Ordinance. 

Fifth — That  if  electricity  be  used  on  said  railroad  for  a  motive 
power,  the  height  above  the  roadw^ay  of  the  overhead  conducting  wires 
shall  not  be  less  than  twenty  (20)  feet,  and  the  poles  to  be  of  orna- 
mental iron  or  wood  and  in  size  and  pattern  satisfactory  to  the  City 
Council,  and  set  not  less  than  one  hundred  (100)  feet  apart  (excepting 
at  street  crossings)  and  in  the  sidewalk  space,  within  the  curb  lines, 
under  the  direction  of  the  Superintendent  of  Streets,  and  at  all  times 
kept  well  painted. 

Sixth — That  the  grantee  or  holder  of  this  franchise  shall,  within 
thirty  (30)  days  from  \he  date  of  the  approval  of  this  Ordinance,  file 
with  the  Clerk  of  the  City  Council  a  bond,  with  two  or  more  suflacient 
sureties,  in  the  penal  sum  of  $5,000,  such  bond  to  be  approved  by  the 
City  Council,  conditioned  for  the  faithful  completion  of  said  track  and 
railroad  in  accordance  with  the  terms,  provisions  and  conditions  of  this 
Ordinance. 

Seventh — That  the  grantee  shall,  within  ten  (10)  days  after  the 
approval  of  this  Ordinance,  pay  or  cause  to  be  paid  all  expenses  of 
publication  incurred  in  the  publication  of  this  Ordinance  or  franchise. 

Eighth — That  after  the  completion  of  said  railroad,  or  such  part 
thereof  as  it  may  become  lawful  to  complete,  cars  for  passengers  shall 
be  continuously  and  regularly  run  on  said  road  as  follows  (unavoidable 
accidents  excepted) : 

On  Main  street  from  Sacramento  street  to  El  Dorado  street,  one 
car  each  way  at  least  every  ten  minutes  from  7  o'clock  A.  M.  to 
S  o'clock  P.  M.,  and  at  least  every  thirty  minutes  from  8  o'clock  P.  M. 
to  10  o'clock  P.  M. 

On  El  Dorado  street  from  Main  street  to  Magnolia  street,  one  car 
each  way  at  least  every  ten  minutes  from  7  o'clock  A.  M.  to  8  o'clock 
P.  M.,  and  one  oar  each  way  at  least  everj'  thirty  minutes  from  8  o'clock 
P.  M.  to  10  o'clock  P.  M. 

On  California  street  from  Main  street  to  North  street,  one  car 
each  way  at  least  every  fifteen  minutes  from  7  o'clock  A.  M.  to  8  o'clock 
P.  M  ,  and  one  car  each  way  at  least  every  thirty  minutes  from  8  o'clock 
P.  M.  to  10  o'clock  P.  M.;  and  on  California  street  from  Main  street 
to  Market  street,  and  on  Market  street  from  California  street  to  San 
Joaquin  street,  and  on  San  .Joaquin  street  from  Market  street  to  South 
street,  one  car  each  way  at  least  every  fifteen  minutes  from  7  o'clock 
A.  M.  to  8  o'clock  P.  M.,  and  one  car  each  way  at  least  every  thirty 
minutes  from  8  o'clock  P.  M.  to  10  o'clock  P.  M.;  and  on  all  other  streets 
hereinbefore  named  as  heing  the  location  or  route  of  said  track  or 
railroad  one  car  each  way  at  least  every  thirty  minutes  from  7  o'clock 
A.  M.  to  8  o'clock  P.  M.,  except  that  on  Clay  street  to  Ophir  street, 
thence  to  South  street,  and  on  Pilgrim  street  from  Main  street  to  Clay 
streets,  cars  may  be  run  as  the  grantee  herein,  his  successors  or  assigns 
may  determine. 

Ninth — That  said  Jamer.  A.  I.outtit,  his  successors  or  assigns,  sha.U 
procure  and  file  wi-th  the  City  Clerk  within  thirty- days  after  the 
approval  of  this  Ordinance  the  release,  surrender  and  abandonment  by 
the  Stockton  Street  Railroad  Company  of  pM  and  singular  the  rights, 
grants,  privileges  and  franchises  held  or  had  by  said  company  from  or 
through  the  City  Council  of  the  City  of  Stockton  at  the  date  of  the 
passage  of  this  Ordinance,  and  at  the  same  time  file  a  written  accept- 


202  ORDINANCES. 

ance  of  this  grant  or  franchise,  and  until  both  said  abandonment  by 
said  Stockton  Street  Railroad  Company  and  such  written  acceptance  of 
this  grant  or  franchise  shall  have  been  so  as  aforesaid  filed,  no  righta 
or  interest  whatsoever  shall  vest  in  any  person  by  reason  of  or  under 
this  grant,  franchise  or  Ordinance. 

Tenth — That  a  license  rate  of  $10.00  per  car  be  paid  per  annum 
upon  each  and  every  car,  except  trailers,  run  under  this  Ordinance  or 
franchise  during  the  five  years  next  after  the  completion  of  the  road, 
but  to  commence  not  later  than  one  year  from  and  after  the  approval 
of  this  Ordinance,  and  that  thereafter  there  be  paid  semi-annually  one* 
quarter  of  one  per  centum  of  the  gross  receipts  of  said  railroad  accord- 
ing to  a  verified  statement  of  the  same. 

Sec.  6.  The  City  Council  may,  on  a  satisfactory  showing  by  said 
grantee,  his  successors  in  interest  or  assigns,  extend  the  time  herein- 
before fixed  for  the  completion  of  said  track  or  railroad,  and  upon 
such  terms  as  to  said  Council  may  seem  just  and  proper.  And  said 
James  A.  Louttit,  his  successors  in  interest  or  assigns,  may  at  any 
time  file  a  written  petition  with  the  City  Clerk  asking  the  privilege 
of  abandoning  any  part,  of  this  franchise,  or  the  use  of  any  part 
of  the  route  or  track  of  said  railroad  hereinbefore  described,  or  to  be 
released  from  any  obligation  to  cx^nstruct  or  operate  any  part  of  said 
railroad,  and  the  City  Council  may  thereupon  grant  or  deny  the  prayer 
of  such  petition,  and  if  it  grants  the  same,  prescribe  and  affix  such 
terms  and  conditions  as  the  said  City  Council  may  determine. 

Sec.  7.  The  procuring  and  filing  by  said  James  A.  Louttit,  his. 
successors  in  interest  or  assigns,  of  the  release  and  abandonment  by 
the  Stocktcn  Street  Railroad  Company,  as  set  forth  in  Section  5, 
Subdivision  9,  herein,  is  a  moving  consideration  for  the  franchises, 
rights,  permissions  and  privileges  herein  granted,  and  the  same  are 
granted  in  pursuance  of  Subdivision  34  of  Section  30  of  the  Charter 
of  the  City  of  Stockton,  adopted  by  Joint  Resolution  No.  4  of  the 
Legislature  of  the  State  of  California,  on  the  second  day  of  March,. 
1889,  said  James  A.  Louttit,  in  his  own  behalf  and  in  behalf  of  his 
successors  in  interest  and  assigns,  having  agreed  to  procure  and 
file  said  abandonment  and  release  and  pay  from  the  completion  of 
said  railroad,  but  to  commence  not  later  than  one  year  from  the  date 
of  the  approval  of  this  Ordinance,  the  sum  of  $10.00  per  annum  as  a 
licensie  upon  each  car,  except  trailers,  for  five  years,  and  at  the 
expiration  of  five  years  a.fter  said  railroad  is  completed,  and  thereafter 
semi-annually,  the  largest  per  centum  of  the  gross  receipts  of  said 
road,  to-wit:  One-quarter  of  one  per  centum  according  to  the  verified 
statement  of  the  same. 

Sec.  8.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its   passage   and   approval. 

[NOTE. — That  part  of  the  foregoing  franchise  which  affects, 
covers  and  relates  to  the  following-described  parts  of  certain  streets 
in  the  City  of  Stockton,  as  follows,  to-wit:  Commencing  at  the  center 
line  of  Main  street  on  California  street,  and  running  thence  on  said 
California  street  southerly  to  Market  street,  and  thence  on  said  Marker 
street  from  said  California  street  westerly  to  San  Joaquin  street,  was 
abandoned  in  pursuance  of  Ordinance  No.  87,  approved  May  24,  1892. 
O.  B.  5—283. 

[Likewise  that  part  from  San  Joaquin  street  along  Church  street 
westerly  to  Center  street,  and  thence  southerly  along  Center  street 
to  the  yiorth  line  of  Mormon  avenue.     And  from   San  Joaquin  street 


,  ORDINANCES.  20 


along  Clay  street  easterly  to  Ophir  street,  and  thence  along  Ophir 
street  southerly  to  the  north  line  of  South  street.  And  along  Pilgrim 
street  from  Main  street  to  Poplar  street.  And  along  Pilgrim  street 
southerly  from  Main  street  to  Clay  street.  And  along  Acacia  strec^t 
from  El  Dorado  street  westerly  to  the  westerly  line  of  Tule  street, 
was  abandoned  in  pursuance  of  Ordinance  No.  100,  approved  January 
9,   1893.     O.   B.   5—348.]      

OKDINANOE  No.  88. 

(Approved    May   24,    1892.) 

Granting  to  the  Stockton  Electric  Railroad  Company  a  franchise 
for  street  railroad  on  San  Joaquin  street,  between  Main  and  Market. 
Franchise  substantially  the  same  as  No.  77. 


ORDINANC(K  No.  91. 

(Approved  August  1,  1892.) 

Granting  to  the  Stockton  p::iectric  Railroad  Company  a  franchise 
for  street  railroad  on  El  Dorado  street,  from  Magnolia  to  North. 
Franchise  substantially  the  same  as  No.   77. 


ORDINANCE   No.   S91. 

(Approved  March  30,  1905.)     O.  B.  7—40. 

An  Ordinance  Granting  to  the  Stockton  Electric  Railroad  Company 
(a  Corporation),  Its  Successors  in  Interest  and  Assigns,  the 
Franchise,  Right,  Right  of  Way,  Privilege  and  Permission  to. 
Construct,  Maintain  and  Operate,  for  Itself.  Its  Successors  in 
Interest  and  Assigns,  a  Street  Railroad  Propelled  by  Cable,  Run 
by  Stationary  Engine  or  by  Electricity,  Natural  Gas,  Compressed 
.Air  or  Other  Motive  Power  Other  Than  Movable  Steam  Engines^ 
or  Horses  or  Mules,  With  the  Necessary  Poles,  Wires  and  Other 
Electrical  and  Mechanical  Appliances,  Curves,  Turnouts,  Switcnes 
and  Turntables,  Over,  Along  and  Across  the  Following  Streets 
and  Portions  of  Streets  in  the  City  of  Stockton,  County  of  San 
Joaquin,  State  of  California,  as  Follows:  On  Poplar  Street,  Front 
the  Center  Line  of  El  Doraido  Street,  and  Connecting  at  Said 
Point  With  the  Present  Franchise,  Right.  Right  of  Way,  Privilege 
and  Permission  Nov/  Held  by  the  Stockton  Electric  Railroad 
Company  Under  Ordinance  of  the  City  of  Stockton  No.  77,  and 
Running  Thence  Westerly  on  Poplar  Street  to  the  West  Line  of 
West  Street. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  the  Stockton 
Electric  Railroad  Company  (a  corporation),  its  successors  in  interest 
and  assigns,  for  the  term  of  fifty  (50)  years  from  and  after  the  data 
of  the  approval  of  this  Ordinance,  subject  to  all  the  terms  and  con- 
ditions hereinafter  made  and  expressed,  the  franchise,  right,  right  oi 
way,  privilege  and  permission  to  construct,  lay  down,  maintain  and 
repair  a  single  or  double  street  railroad  track,  together  with  the  neces- 
sary turnouts,  turntables,  curves  and  switches,  and  other  appliances 
and   apparatus  for   propelling,   drawing  or  running  on   said   track   or 


204  ORDINANCES. 


tracks  street  cars  operated,  propelled,  drawn  or  run  by  electicity,  br 
stationary  engine,  ])y  cable,  by  natural  gas,  by  compressed  air,  or  by 
any  other  lawful  motive  power  other  than  movable  steam  engines, 
liorses  or  mules,  over,  along,  upon  and  across  the  following-named 
streets  and  portions  of  streets  in  the  City  of  Stockton,  County  of 
San  Joaquin,  State  of  California,  as  follows:  On  Poplar  street,  from 
the  center  line  of  El  Dorado  street,  and  connecting  at  said  point  with 
the  present  franchise,  right,  right  of  way,  privilege  and  permission  now 
held  by  the  Stockton  Electric  Railroad  Company  under  Ordinance 
No.  77  of  the  City  of  Stockton,  and  running  thence  westerly  on  Poplar 
street  to  the  west  line  of  West  street. 

Sec.  2.  The  rails  of  said  railroad  track  or  tracks  throughout  its 
entire  length  must  be  of  the  most  approved  flat-rail  pattern  used  by 
street  railroads  operated  by  electricits^  cables  or  other  motors  than 
steam. 

If  a  double  track,  then  the  two  tracks  constituting  such  double 

track  shall  be  equal  distance  from  the  center  line  of  the  street,  and 

shall  be  of  not  more  than  five  (5)  feet  gauge,  and  the  center  line  of 

each  of  them  shall  be  not  less  than  eight   (8)   nor  more  than  eleven 

Ql)  feet  distant  from  the  center  line  of  the  other. 

The  cars  used  shall  be  of  the  pattern  and  kind  most  approved  for 
the  comfoirt,  convenience  and  safety  of  the  passengers,  and  all  elec- 
tric motor  cars  shall  be  lighted  bj^  electricity. 

Sec.  3.  The  railroad,  the  space  between  the  two  tracks,  if  there 
be  a  double  track,  and  two  feet  on  the  outer  side  of  each  and  both  of 
The  same,  and  throughout  the  entire  length  of  the  street  used  for  said 
track  or  tracks,  must  and  shall  be  improved  at  the  expense  of  th© 
grantee,  its  successors  in  interest  and  assigns,  with  such  materials  .as 
other  portions  of  the  streets  may  be  improved  by  order  of  the  City 
Council,  and*  thereafter  kept  in  continual  good  repair,  under  the 
supervision  of  the  Superintendent  of  Streets,  and  to  his  satisfaction, 
and  that  of  the  City  Council,  and  with  such  good  and  suitable  cross- 
ings as  may  be  required  by  the  City  Council  or  the  Superintendent  of 
Streets. 

Sec.  4.  This  franchise  is  granted  upon  each  and  all  of  the  follow- 
ing conditions: 

First — That  single  fares  on  such  road  shall  not  exceed  five  (5) 
cents. 

Second — Tbat  the  construction  of  said  track  or  tracks  and  railroad 
be  commenced  in  good  faith,  and  not  merely  colorably,  within  four 
months  from  the  date  of  the  approval  of  this  Ordinance,  and  said 
vv^ork  shall  be  completed  within  not  more  than  one  year  thereafter. 

Third — That  the  cars  of  said  railroad  and  said  railroad  shall  be 
running  and  in  operation  for  the  conveyance  of  pasisengers  only 
tiiroughout  the  entire  length  of  said  track  or  tracks  hereinbefore 
specified,  within  one  year  from  the  date  of  the  approval  of  this 
Ordinance. 

Fourth — That  if  electricity  be  used  on  said  railroad  for  motive 
power,  the  height  above  the  roadway  of  the  overhead  conducting  wires 
shall  not  be  less  than  twenty  (20)  feet,  and  the  poles  to  be  of  orna- 
mental iron  or  wood  and  of  size  and  pattern  satisfactory  to  the  City 
Council,  and  set  not  less  than  one  hundred  (100)  feet  apart  (except  at 
street  crossings),  and  the  sidewalk  space,  within  the  curb  lines,  under 
the  direction  of  the  Superintendent  of  Streets,  and  at  all  times  kept 
well  painted. 


ORDINANCKS.  205: 


Fifth — That  after  the  completion,  of  said  railroad,  cars  for  pas- 
sengers shall  be  continually  and  regularly  run  on  said  road  as  follows: 
One  car  each  way  at  least  every  fifteen  minutes  from  7  o'clock  A.  M. 
to  11  o'clock  P.  M. 

Sixth — That  said  grantee  shall  within  ten  (10)  days  after  the 
approval  of  this  Ordinance,  pay  or  cause  to  be  paid,  all  expenses  of 
publication  incurred  in  the  publication  of  this  Ordinance  or  franchise. 

Seventh — Said  grantee,  its  successors  in  interest  or  assigns,  shall 
during  the  life  of  said  franchise,  pay  to  the  City  of  Stockton  two  (2) 
per  cent  of  the  gross  annueil  receipts  of  the  person,  firm  or  corporation; 
to  whom  the  said  franchise  is  awarded  arising  from  its  use,  operation 
or  possession ;  that  no  such  percentage,  or  any  percentage,  shall  be  paid 
for,  or  during,  the  iirst  five  (5)  years  succeeding  the  date  of  this  fraa- 
chise,  but  thereafter  said  percenta,ge  shall  be  payable,  and  be  paid, 
annually;  provided,  however,  that  said  application  and  petition  of  sai-l 
Stockton  Electric  Railroad  Company  (a  corporation)  is  for  an  extension 
of.  its  present  existing  system  of  street  railroads  in  the  City  of  Stockton, 
California,  and  that  the  gross  receipts  shall  be  estimated  to  be  one-half 
(%)  of  the  proportion  of  the  total  gross  receipts  of  said  system  which 
the  mileage  of  such  extension  bears  to  the  total  mileage  of  the  whole 
system;  and  said  estimate  shall  be  conclusive  as  to  the  amount  of  the 
gross  receipts  of  such  extension;  and  in  the  event  that  said  pa>Tiient 
hereinbefore  proviaed  for  is  rot  made,  said  franchise  herein  granted 
shall  be  forfeited. 

Sec.  5.  Said  grantee,  its  successors  in  interest  or  assigns,  shall, 
at  its  own  expense,  pave  or  repaA'e,  macadamize  or  remacadamize, 
grade  or  regrade,  the  entire  length  of  the  streets  used  by  its  track  or 
tracks  between  the  rails  thereof,  and  for  two  feet  on  each  side  thereof, 
and  between  the  tracks  where  sidings  or  two  tracks  are  laid,  with  the 
same  material  as  may  be  used  for  such  purpose  by  the  City  of  Stockton, 
and  under  the  same  supervision  and  specifications,  and  in  the  same 
manner  as  upon  the  streets,  or  portions  of  streets,  over  which  the  rail- 
road runs,  or  the  track  or  tracks  thereof  are  laid,  and  shall  keep  the 
same  constantly  in  repair  and  flush  with  the  streets,  and  with  good 
crossings. 

Sec.  6.  Said  grantee,  or  its  successors  in  interest  or  assigns,  shall 
construct  all  necessary  flumes  and  culverts  for  the  free  passage  of  the 
surface  water  under  the  track  or  tracks  of  said  railroad,  when  required, 
and  all  such  culverts  and  fiumes  shall  be  constructed  in  accordance 
with  the  plans  and  specifications  approved  by  the  City  Engineer  of  the 
City  of  Stockton. 

Sec.  7.  Said  grantee,  its  successors  in  interest  and  assigns,  shall 
also  have  the  right  to  excavate  and  remove  such  portions  of  said 
streets,  occupied,  or  to  be  occupied,  by  tracks  or  poles  as  may  be 
necessary  in  the  proper  construction  of  said  railroad,  and  the  erection 
of  needful  apparatus  and  other  appliances  to  properly  and  fully  equip 
said  railroad. 

Sec.  8.  The  rights  hereinbefore  granted  are  upon  the  express 
conditions  that  the  said  grantee,  its  successors  in  interest  or  assigns, 
shall  at  all  times  during  the  continuation  of  said  franchise  aforesaid, 
permit  and  allow  mail  carriers  and  police  officers,  while  engaged  in 
the  actual  discharge  of  duty,  to  ride  on  any  of  the  cars  of  said  rail- 
road without  paying  any  sum  of  money  whatsoever  for  fare,  or  other- 
wise; and  that  the  franchise  hereby  granted  shall  not  be  in  operation, 
or  effect  until  said  grantee  shall  have  filed  its  written  promise  and 
undertaking  as  hereinafter  provided. 


206  ORDINANCES. 


Sec.  9.  Said  grantee  is  required  to  file  in  the  office  of  the  City 
Clerk  of  the  City  of  Stockton  an  acceptance,  in  writing,  of  the  pro- 
visions of  this  Ordinance,  and  the  promise  and  undertaking  to  permit 
all  mail  carriers  and  police  officers  to  ride  on  said  cars  as  in  the  last 
preceding  section  of  this  Ordinance  provided,  and  thereupon  the  pro- 
visions of  this  Ordinance  shall  be  taken  and  deemed  to  be  a  contract 
between  said  grantee,  its  successors  in  interest  and  assigns,  and  said 
City  of  Stockton.  Unless  said  acceptance,  promise  and  undertaking 
be  filed  within  five  (5)  days  after  the  approval  of  this  Ordinance,  this 
Ordinance  shall  become  and  bo  null,  void  and  of  no  effect. 

Sec.  10.  The  grantee  of  the  franchise  hereby  granted  shall  file 
a  bond,  running  to  said  City  of  Stockton,  with  at  least  two  good  and 
sufficient  sureties,  or  with  a  surety  company,  as  sureties,  to  be  ap- 
proved by  said  City  Council,  in  the  penal  sum  of  $2,000,  conditioned 
that  said  grantee  r.hall  well  and  truly  observe  forever  and  perform 
each  and  every  term  and  condition  of  said  franchise,  and  that  in  caso 
of  any  breach  of  the  conditions  of  said  bond  that  the  whole  amount 
of  the  penal  sum  therein  named  shall  be  taken  and  deemed  to  be 
liquidated  damages,  and  shall  be  recoverable  from  the  principal  and 
sureties  upon  said  bond.  Said  bond  shall  be  filed  with  said  City 
"Council  within  five   (5)   days  after  such  franchise  is  awarded. 

Sec.  11.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


ORDINANCE   No.   323. 

(Approved    August  14,   1902.)      O.   B.   6—204. 

An  Ordinance  Granting  to  H.  H.  Griffiths,  His  Succesors  in  Interest 
and  Assigns,  the  Franchise,  Right,  Right  of  Way  and  Permission 
to  Construct,  Maintain  and  Operate  for  Himself,  His  Successors 
in  Interest  and  Assigns,  a  Street  Railroad  Propelled  by  Wire 
Ropes  Running  Under  the  Streets  and  Moved  by  Stationary 
Engines  or  by  Electricity  or  Other  Lawful  Motive  .Power  Other 
Than  Movable  Steam  Engines  or  Horses  or  Mules,  With  the  Neces- 
sary Poles,  Wires  and  Other  Electric  and  Mechanical  Appliances, 
Turnouts,  Switches  and  Turntables,  Over  and  Along  the  Following 
Streets  and  Portions  of  Streets  in  the  City  of  Stockton,  County 
of  San  Joaquin,  State  of  California: 

On  San  Joaquin  street,  from  center  line  of  Weber  avenue  north- 
■erly  to  north  line  of  North  street. 

On  North  street,  from  center  line  of  San  Joaquin  street  easterly 
to  center  line  of  Ophir  street. 

On  Ophir  street,  from  north  line  of  North  street  southerly  to 
center  line  of  Park  street. 

On  Park  street,  from  center  line  of  Ophir  street  westerly  to 
•center  line  of  San  Joaquin  street. 

On  Flora  street,  from  center  line  of  San  Joaquin  street  westerly  to 
center  line   of  Yosemite   street. 

On  Yosemite  street,  from  center  line  of  Flora  street  northerly 
to  center  line  of  Vine  street. 

On  Vine  street,  from  center  line  of  Yosemite  street  easterly  to 
center  line   of  San  Joaquin   street. 

On  Weber  avenue,  from  center  line  of  Center  street  easterly  to 
center  line  of  Aurora  street. 

On  Aurora  street,  from  center  line  of  Park  street  southerly  to 
center  line  of  Market  street. 


ORDINANCES.  207 


On  Market  street,  from  center  line  of  Aurora  street  easterly  to 
•east  line  of  East  street. 

On  Pilgrim  street,  from  center  line  of  Park  street  southerly  to 
center  line  of  South  street. 

On  South  street,  from  center  line  of  Pilgrim  street  westerly  to 
•center  line  of  California  street 

On  California  street,  from  center  line  of  Weber  avenue  southerly 
to 'south  line  of  South  street. 

On  Center  street,  from  south  line  of  South  street  northerly  to 
center  line  of  Weber  avenue. 

On  Scott's  avenue,  from  center  line  of  Center  street  easterly  to 
west  line  of  Hunter  street. 

On  SonoTa  street,  from  center  line  of  Pilgrim  street  westerly  to 
center  line  of  Center  street. 

Whereas,  All  matters,  acts  and  things  precedent  to  the  granting 
O'f  the  franchise  and  grant,  hereinafter  set  forth,  have  heretofore 
happened,  been  done  and  performed  in  due  form  of  law;     • 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  H.  H.  Griffiths, 
his  successors  in  interest  and  assigns,  for  the  term  of  fifty  years  from 
and  after  the  approval  of  this  Ordinance,  but  subject  to  all  the  terms 
and  conditions  hereinafter  made  or  expressed,  the  franchise,  right, 
right  of  way  and  privilege  to  construct,  lay  down,  maintain  and  repair 
a  single  or  double  track  street  railroad  track,  together  with  the 
necessary  turnouts,  turntables,  switches  and  other  appliances  and 
apparatus  for  propelling,  drawing  or  running  on  said  track  or  tracks 
street  cars,  propelled,  drawn  or  run  by  wire  ropes  running  under  the 
streets  and  moved  by  stationary  engines,  electricity,  or  by  any  other 
lawful  motive  power  other  than  movable  steam  engines,  horses  or 
mules,  over  and  along  the  following-named  streets,  in  the  City  oL 
Stockton,   County  of   San   Joaquin,   State  of   California,   to-wit: 

On  San  Joaquin  street,  from  center  line  of  Weber  avenue  north- 
-erly  to  north  line  of  North  street. 

On  North  street,  from  center  line  of  San  Joaquin  street  easterly 
to  center  Ime  of  Ophir  street. 

On  Ophir  street,  from,  north  line  of  North  street  southerly  to 
center  line  of  Park  street. 

On  Park  street,  from  center  line  of  Ophir  street  westerly  to  center 
line  of  San  Joaquin  street. 

On  Flora  street,  from  center  line  of  San  Joaquin  street  westerly 
to  center  line  of  Yosemite  street. 

On  Yosemite  street,  from  center  line  of  Flora  street  northerly  to 
center  line  of  Vine  street. 

On  Vine  street,  from  center  line  of  Yosemite  street  easterly  to 
center  line  of  San  Joaquin  street. 

On  Weber  avenue,  from  center  line  of  Center  street  easterly  to 
center  line  of  Aurora  street. 

On  Aurora  street,  from  center  line  of  Park  street  southerly  to 
center  line  of  Market  street. 

On  Market  street,  from  center  line  of  Aurora  street  easterly  to 
■east  line  of  East  street. 

On  Pilgrim  street,  from  center  line  of  Park  street  southerly  to 
center  line  of  South  street. 

On  South  street,  from  center  line  of  Pilgrim  street  westerly  to 
center  line  of  California  street. 


208  -OilDT  NANCES. 


On  California  street,  from  center  line  of  Weter  avenue  soutlierly 
to  south  line  of  South  street. 

On  Center  street,  from  south  line  of  South  street  northerly  to 
center  line  of  Weber  avenue. 

On  Scott's  avenue,  from  center  line  of  Center  street  easterly  ta 
west  line  of  Hunter  street. 

On  Sonora  street,  from  center  line  of  Pilgrim  street  westerlj'^  t«> 
center  line  of  Center  street. 

Sec.  2.  The  City  of  Stockton  hereby  grants  to'  said  H.  H. 
Griffiths,  his  successors  in  interest  and  assigns,  for  the  period  of  fifty 
years  from  and  after  the  approval  of  this  Ordinance,  but  subject  to  the 
terms  and  conditions  hereinafter  made  or  expressed,  the  franchise^ 
right  and  privilege  to  run,  propel  or  draw;  over  and  along  the  streets 
aforesaid,  street  cars,  run,  .propelled  or  drawn  by  wire  ropes  runningr 
under  the  streets  and  moved  by  stationary  engines,  by  electricity  or 
by  any  lawful  motive  power  other  than  movable  siteam  engines  or 
horses  or  mules,  for  the  conveyance  of  passengers  for*  hire.  Save 
and  except  that  said  H.  H.  Griffiths,  his  successors  in  interest  and 
assigns,  shall  be  allowed  and  permitted  to  haul  gravel  over  said 
track  or  tracks  between  the  hours  of  12  o'clock  midnight  and  6  o'clock 
A.  M.  for  the  purposes  of  public  improvement. 

Sec.  3.  The  foregoing  grants  are  made  upon  the  following  coii- 
ditions,  to  be  strictly  complied  with  by  the  said  grantee,  his  successors 
and  assigns: 

First — To  construct  the  tracks  of  said  railrcad  on  those  portions 
of  the  streets  and  a.venues  above  designated  as  nearly  as  possible  in 
the  middle  thereof. 

Second — To  plank,  pave  or  macadamize  the  entire  length  of  the 
street  used  by  their  tracks,  between  the  rails  and  for  two  feet  on  each 
side  thereof,  and  between  the  tracks,  if  there  be  more  than  one,  and 
to  keep  the  same  constantly  in  repair,  flush  with  the  street,  and  with 
good  crossings. 

Third — The  tracks  must  not  be  more  than  five  feet  wide  within 
the  rails,  and  must  have  a  space  between  them  sufficient  to  allow  the 
cars  to  pass  each  other  freely. 

Fourth — Such  rails  shall  be  laid  down  as  are  the  most  approved 
flat-rail  pattern  for  street  railway  operated  by  horses,  mules,  cables 
or  other  motors  than  steam. 

Fifth — That  single  fares  on  such  railway  shall  not  exceed  5  cents 

Sixth — Said  grantee  or  his  successors  in  interest  and  assigns 
S'hall,  during  the  life  of  said  franchise,  pay  to  the  City  of  Stockton 
2  per  cent  of  the  gross  annual  receipts  of  said  grantee,  or  his  successors 
in  interest  and  assigns,  arising  from  the  use,  operation  or  possessioii 
of  said  franchise.  No  such,  or  any,  percentage  shall  be  paid  for  or 
during  the  first  five  years  succeeding  the  date  of  this  franchise,  but 
thereafter  said  percentage  shall  be  payable  and  be  paid  annually, 
and  in  the  event  that  said  payment  herein  provided  for  is  not  made, 
said   franchise   hereby  granted   shall   be   forfeited. 

Sec.  4.  Said  grantee  or  his  successors  in  interest  and  assigns 
shall,  at  his  own  expense,  pave  or  repave,  macadamize  or  remacad- 
amize,  grade  or  regrade,  the  entire  length  of  the  streets  used  by 
these  tracks  between  the  rails  thereof,  and  for  two  feet  on  each  side 
thereof,  and  between  the  tracks  where  sidings  or  two  tracks  are  laid, 
with  the  same  material  as  may  be  used  for  such  purposes  by  the  City 
of  Stockton,  and  under  the  same  supervision  and  specifications,  and 
in  the  same  manner  as  upon  the  streets  or  portions  of  streets  over 


ORDINANCES.  209 


which  the  railway  runs  or  the  track  or  tracks  thereof  are  laid,  and 
shall  keep  the  same  constantly  in  repair,  flush  with  the  streets,  and 
with  good  crossings. 

Sec.  5.  Said  grantee  or  his  successors  in  interest  and  assigns 
shall  construct  necessary  flumes  and  culverts  for  the  free  passage 
of  surface  water  under  the  tracks  of  said  railway,  and  all  such 
culverts  and  flumes  shall  be  constructed  in  accordance  with  the  plan^ 
and  specifications  approved  by  the  City  Engineer  of  the  City  of 
Stockton. 

Said  grantee,  his  successors  in  interest  and  assigns  shall  also 
have  the  right  to  excavate  and  remove  such  portions  of  the  streets 
occupied  OT'  to  be  occupied  by  tracks  and  poles  as  may  be  necessary 
to  properly  construct  said  railway,  and  to  erect  needful  apparatus  and 
other  appliances  to  properly  and  fully  equip  said  railway. 

Sec.  6.  The  rights  hereinbefore  granted  are  upon  the  express 
condition  that  the  said  grantee,  his  successors  and  assigns,  shall  at  all 
times  during  the  continuance  of  the  franchise  aforesaid  permit  and 
allow  mail  carriers  and  police  oflicers  at  all  times,  while  engaged  in 
the  actual  discharge  of  duty,  to  ride  on  the  cars  of  such  railway 
without  paying  any  sum  of  money  whatever  for  fare  or  otherwise, 
and  that  the  franchise  hereby  granted  shall  not  be  operative  or  effec- 
tual until  said  grantee  shall  have  filed  his  written  promise  and  under- 
taking as  hereinafter  provided. 

Sec.  7.  Said  grantee  is  required  to  file  in  the  office  of  the  City 
Clerk  of  the  City  of  Stockton  an  acceptance  in  writing  of  the  pro- 
visions of  this  Ordinance,  and  the  promise  and  undertaking  to  permit 
all  mail  carriei's  and  police  officers  to  ride  on  its  said  cars  as  in  the 
last  preceding  section  of  this  Ordinance  provided,  and  thereupon  the 
provisions  of  this  Ordinance  shall  be  deemed  and  taken  to  be  a 
contract  between  said  grantee,  its  successors  and  assigns,  and  the 
said  City  of  Stockton.  Unless  said  acceptance,  promise  and  under- 
taking be  filed  within  five  dajs  after  the  approval  of  this  Ordinance, 
this  Ordinance  shall  become,  be  and  remain  null,  void  and  of  no  effect. 

Sec.  8.  The  grantee  of  said  franchise  hereby  granted,  and  his 
successors  in  interest  and  assigns,  shall  not  build  or  construct  any 
turnouts  or  switches  on  that  portion  of  South  street,  between  Pilgrim 
fctreet  and  Aurora  street,  and  the  grantee  of  such  franchise  and  privi- 
lege shall  furnish  sufficient  gravel  to  the  City  of  Stockton  to  properly 
gravel  South  street  to  the  official  grade  from  curb  to  curb  between 
Pilgrim  street  and  California  street,  in  said  City  of  Stockton. 

Sec.  9.  In  case  the  City  of  Stockton  builds  bridges  over  the 
North-street  canal,  where  the  said  canal  is  crossed  by  San  Joaquin 
street,  or  Ophir  street,  or*  either  of  them,  the  grantee  of  the  said 
franchise  and  privilege,  his  successors  and  assigns,  shall  contribute 
towards  the  payment  of  the  cost  of  building  such  bridge  or  bridges 
one-half  of  the  amount  necessary  to  complete  said  bridge  or  bridges. 

Sec.  10.  Cars  shall  be  run  over  said  railroad  at  least  every 
hour  between  the  hours  of  7  o'clock  in  the  morning  and  9  o'clock  in 
the  evening,  except  when  prevented  from  so  doing  by  riot,  strikes 
or  by  the  elements  or  unavoidable  causes. 

Sec.  11.  The  grantee  of  the  franchise  hereby  granted  shall  filo 
a  bond  running  to  said  Citv  of  Stockton,  with  at  least  two  good  and 
suflBcient  sureties,  to  be  approved  hy  said  City  Council,  in  the  penal 
sum  of  five  thousand  dollars   (.*[;5,000),  conditioned  that  such  grantee 


210  '  ORDINANCES. 


shall  well  and  truly  observe,  fulfill  and  perform  each  and  every  term 
and  condition  of  such  franchise,  and  that  in  case  of  any  breach  of 
condition  of  such  bond  the  whole  amount  of  the  penal  sum  therein 
named  shall  be  taken  and  deemed  to  he  liquidated  damages,  and 
shall  be  recoverable  from  the  principal  and  sureties  upon  said  bond. 
Said  bond  shall  be  filed  with  such  City  Council  within  five  days) 
iifter  such  franchise  in  awarded. 

Sec.  12.  The  work  to  construct  said  railway  hereby  authorized 
r.hall  be  commenced  in  good  faith  within  not  more  than  four  month^s 
from  the  granting  of  said  franchise;  and  said  work  shall  be  completed 
Avithin  not  more  than  three  years  thereafter. 

Sec.  13.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  approval. 


OIIDINANCE   No.    423. 

(Approved  October. ]0,  1906.)      O.   B.   7—104.    ' 

An  Ordinance  Granting  to  the  Central  California  Traction  Company 
(a  Corporation),  Its  Successors  in  Interest  and  Assigns,  in  So  Far 
as  It  Lies  Within  the  Power  of  the  City  of  Stockton  to  Grant  the 
Same,  the  Right,  Privilege,  Permission,  Right  of  Way  and  Fran- 
chise to  Construct,  Lny  Down,  Maintain  and  Operate,  for  the 
Term  of  Forty-Seven  Years,  a  Single  or  Double-Track  Street 
Railway  of  Standard  Gauge  for  Passengers  for  Hire,  Together 
With  the  Right,  Privilege,  Permission,  Right  of  Way  and  Frar- 
chise  to  Lay  Down,  Construct,  Operate  and  Maintain  Turnouts, 
Turntables,  Switches,  Poles  and  Other  Appliances  for  Propelling, 
Drawing  or  Running  Thereon  Cars  for  Passengers,  Propelled, 
Drawn  or  Run  by  Electricity  Supplied  by  or  Taken  From  Overhead 
or  Underground  Wire  or  Wires,  or  by  Electricity  Supplied  or 
Taken  Otherwise,  or  by  Wire  Ropes  Running  Under  the  Streets 
and  Moved  by  Stationary  Engines  or  by  Any  Lawful  Motive  Power 
Other  Than  Movable  Steam  Engines,  Horses  or  Mules,  On, 
Along  and  Upon  the  Following  Streets,  Avenues,  Alleys,  Lanes, 
Places  and  Route  in  the  City  of  Stockton,  County  of  San  Joaqui.i, 
State    of   California: 

On  Park  street,  from  the  center  line  of  Ophir  street,  along  Park 
street  to  the  center  line  of  East  street;  thence  northerly  on  East 
street  from  the  center  line  of  Park  street  to  a  point  in  the  center  line 
of  East  street,  which  is  119.60  feet  northerly  from  the  point  where 
the  northerly  line  of  Poplar  street,  produced  easterly,  would  inter- 
sect with  the  center  line  of  East  street;  thence  north  30  degrees  35 
minutes  east  60.50  feet  to  the  easterly  line  of  East  street. 

Whereas,  All  notices  required  by  law  have  been  duly  given,  and 
all  matters,  acts  and  things  precedent  to  the  granting  of  the  franchise 
and  grant  hereinafter  set  forth,  have  heretofore  been  had  and  per- 
formed in  due  form  of  law;   and, 

Whereas,  Said  franchise  was  struck  off,  sold  and  awarded  to  the 
Central  California  Traction  Company  (a  corporation),  who  made  the 
highest  cash  bid  therefor;   and, 

Whereas,  Said  Central  California  Traction  Company  (a  corpora- 
tion), duly  filed  with  the  City  Council  of  the  City  of  Stockton,  within 
five  days  after  the  award  of  said  franchise,  a  bond,  conditioned  and 
approved  as  required  by  law  and  the  order  of  said  City  Council; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 


ORDINANCES.  211 


Section  1.  The  right,  privilege,  permission,  right  of  way  and 
franchise  is  hereby  granted  unto  the  Central  California  Traction 
Company  (?  corporation),  its  successors  in  interest  and  assigns,  in  so 
far  as  it  lies  within  the  power  of  the  City  of  Stockton  to  grant  the 
t:<same,  to  use  for  the  term  of  forty-seven  years  from  the  date  of  the 
passage  of  this  Ordinance  the  streets,  avenues,  alleys.,  lanes,  places 
and  route  in  ihe  City  of  Stockton,  County  of  San  Joaquin,  State  of 
California,  hereinafter  named  and  described;  and  to  that  end  the  said 
Central  California  Traction  Company  (a  corporation),  its  successors  in 
interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the  City 
of  Stockton  to  grant  the  same,  is  hereby  granted  the  right,  pri\ilege, 
permission,  right  of  way  and  franchise  to  construct,  lay  down,  main- 
tain, operate  and  repair,  for  the  term  of  forty-seven  years,  a  single 
or  double  track  street  railway  of  standard  gauge,  for  passengers  for 
hire,  together  with  the  right,  privilege,  permission,  right  of  way  and 
franchise  to  construct,  lay  down,  maintain  and  operate  all  turnouts, 
turntables,  sidetracks,  switches,  poles  or  other  appliances  and  appa- 
ratus for  propelling,  dra-^ing  or  running  thereon  cars,  propelled, 
drawn  or  run  by  electricity  supplied  by  or  taken  from  overhead  or 
underground  wire  or  wires,  or  by  electricity  supplied  or  taken  other- 
wise, or  by  wire  ropes  running  under  the  streets  and  moved  by 
stationary  engines,  or  by  any  la.wful  motive  power  other  than  movable 
^team  engines,  horses  or  mules,  on,  over  and  along  the  following 
streets,  avenues,  alleys,  lanes,  places  and  route  in  the  City  of  Stock- 
ton, County  of  San  Joaquin,  State  of  California,  to-wit: 

On  Park  street,  from  the  center  line  of  Ophir  street,  along  Park 
street  to  the  center  line  of  East  street;  thence  northerly  on  East  street 
from  the  center  line  of  Park  street  to  a  point  in  the  center  line  of 
East  street,  which  is  119.60  feet  northerly  from  the  point  where  tho 
northerly  line  of  Poplar  street,  produced  easterly,  would  intersect 
with  the  center  line  of  East  street;  thence  north  30  degrees  35 
minutes  east  60.50  feet  to  the  easterly  line  of  East  street. 

Sec.  2.  The  work  to  construct  said  street  railway  shall  be  com- 
menced in  good  faith  within  not  m-ore  than  four  months  from  the 
granting  of  the  franchise,  and  if  not  commenced  within  said  time 
said  franchise  so  granted  shall  be  declared  forfeited,  and  shall  be 
completed  within  not  more  than  three  years  thereafter,  and  if  not 
£0  completed  within  said  time  said  franchise  shall  be  forfeited: 
provided,  that  for  good  cause  shown  the  City  Council  of  the  City  of 
Stockton  may  extend  the  time  for  the  completion  thereof  not  to  exceed 
three  months. 

Sec.  3.  The  foregoing  grants  are  made  upon  the  following  con- 
ditions, to  be  strictly  comrplied  with  by  said  grantee,  its  successors  in 
interest  and  assigns: 

First— The  rails  of  said  railway,  throughout  its  entire  length, 
must  be  of  the  most  approved  pattern  for  street  railways  operated,  by 
horses,  mules,  cables  or  other  motors  than  steam. 

Second— The  tracks  of  said  railway  on  the  above  described  route 
must  be  constructed  as  nearly  as  possible  in  the  center  thereof. 

Third— The  tracks  of  said  railway  must  not  be  more  than  five 
feet  gauge,  and  where  they  are  double  tracks  the  center  line  of  each 
of  them  shall  be  not  leas  than  ten  feet  nor  more  than  twelve  feet 
distant  from  the  center  line  of  the  other. 

Fourth — The  cars  of  said  railway  must  be  of  the  pattern  and  kinrl 
best  adapted  for  the  comfort,  convenience  and  safety  of  the  pasr 
.sengers. 


212  ORDINANCES. 


Fifth — Single  fares  of  sairt  railway  shall  not  exceed  5  cents. 

Sixth — Where  the  grantee  of  said  franchise  lays  a  single  tracks 
he  may  at  any  time  thereafter  during  the  life  of  said  franchise  replace^ 
the  same  with  a  double  track. 

Sec.  4.  The  grantee  of  said  franchise  and  assigns  shall  havo 
the  right  to  excavt:te  and  remove  portions  of  the  streets  along  the 
route  above  described,  necessarj'^  to  properly  construct  said  work,  and 
to  erect  all  needful  apparatus  to  properly  build  said  road. 

Sec.  5.  The  grantee  of  said  franchise,  or  its  successors  in  inter- 
est or  assigns,  shall,  at  its- own  expense,  pave  or  repave,  macadamize 
or  remacadamize,  grade  or  regrade  the  entire  length  of  the  streets 
occupied  by  the  tracks  between  the  rails  thereof,  and  between  thei 
tracks  where  two  tracks  are  laid,  and  tv/o  feet  on  the  outer  side  of 
each  or  both  of  the  same,  with  the  same  material  as  may  be  used  for 
such  purpose  by  the  City  of  Stockton,  and  under  the  same  super- 
vision and  specifications,  and  in  the  same  manner  as  upon  the  streets 
cr  portions  of  streets  over  which  the  railway  runs,  or  the  track  or 
tracks  thereof  are  laid,  and  sha]l  keep  the  same  constantly  in  repair, 
flush  with  the  streets,  and  with  good  crossings. 

Sec.  6.  The  Central  California  Traction  Company  (a  corpora- 
tion), its  successors  and  assigns,  must,  during  the  life  of  this  fran- 
chise, pay  to  the  City  of  Stocl-ton  2  per  cent  of  the  gross  annuat 
receipts  arising  from  the  use,  operation  and  possession  of  the  said 
franchise. 

No  percentage  shall  be  paid  for  the  first  five  years  succeeding 
the  date  of  this  franchise,  but  thereafter  such  percentage  shall  be 
payable  annually,  and  in  the  event  said  payment  is  not  made,  this 
franchise  shall  be  forfeited. 

Sec.  7.  Cars  shall  bo  run  over  said  street  railway  at  least  every 
thirty  minutes  between  the  hours  of  0:30  o'clock  in  the  morning  and. 
11  o'clock  in  the  evenin°r.  except  when  prevented  from  so  doing  by 
rlotsi,  strikes  or  by  the  elements  or  unavoidable  causes. 

Sec.  8.  The  rights  hereinbefore  granted  are  upon  the  express. 
condition  that  the  said  grantee,  its  successors  in  interest  and  assigns, 
shall  at  all  times  during  the  continuation  of  this  franchise,  permit 
and  allow  mail  carriers  and  police  officers,  while  engaged  in  the  actual 
discharge  of  duty,  to  ride  on  any  of  the  cars  of  said  railway  without 
paying  any  sum  of  money  whatsoever  for  fare  or  otherwise. 

Sec.  9.  That  the  said  Central  California  Traction  Company,  its 
successors  in  interest  and  assigns,  shall  have  the  right,  privilege  and 
I)ermission  to  transport  gravel  over  the  said  railroad  between  the 
hours  of  12  o'clock  midnight  and  fi  o'clock.  A.  M.  for  the  purpose  of 
public  improvement. 

S«c.  10.  Said  grantee  is  required  to  file  in  the  office  of  the  City 
Clerk  of  the  City  of  Stockton  an  acceptance  in  writing  of  the  pro- 
visions of  this  Ordinance  and  unless  acceptance  be  filed  within  five 
days  after  the  approval  of  this  Ordinance  this  Ordinance  shall  become 
and  be  null  and  void  and  of  no  effect. 

Sec.  11.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  Its  passage  and  approval. 


ORDINANCES.  213 


ORDINANCE   No.    448. 
(Approved  September  18,  1007.)     O.  B.  7—161. 

An  Ordinance  Granting  to  the  Central  California  Traction  Company, 
Its  Successors  in  Interest  and  Assigns,  in  So  Far  as  it  Lle^ 
Within  the  Power  of  the  City  of  Stockton  to  Grant  the  Same, 
the  Right,  Privilege.  Permission,  Right  of  Way  and  Franchise  to 
Construct,  Lay  Down,  Maintain  and  Operate  for  the  Term  of 
Forty-Seven  Years  a  Single  Sidetrack  or  Switch  for  the  Convey- 
ance of  Passengers  for  H're,  Together  With  the  Right,  Privilege, 
Permission,  Right  of  Way  and  Franchise  to  Construct,  Lay 
Down,  Maintain  and  Operate  Such  Poles  and  Other  Appliances 
and  Apparatus  for  Propelling,  Drav/ing  or  Running  Thereon  Cars 
for  Passengers  for  Hire,  Propelled,  Drawn  or  Run  by  Electricity 
Supplied  By  or  Taken  From  Overhead  or  Underground  Wire  or 
Wires,  or  by  Electricity  Supplied  or  Taken  Otherwise,  or  by  Wire 
Ropes  Running  Under  the  Streets  and  Moved  by  Stationary 
Engines,  or  by  Any  Lawful  Motive  Power  Other  Than  Movable 
Steam  Engines,  Horses  or  Mules,  On,  Over  and  Along  the  Streets, 
Avenues,  Alleys  Lanes.  Places  and  Route  in  the  City  of  Stockton. 
County  of  San  Joaquin,  State  of  California,  Described  as  Follows; 
To-wit:  Commencing  at  a  Point  9.4  Feet  Southerly  From  the 
Point  of  Intersection  of  the  Center  Line  of  Weber  Avenue  and 
Center  Street,  Said  Point  Being  the  Point  of  Intersection  of  the 
Center  Line  of  Center  Street  With  the  Center  Line  of  the  North 
Track  of  the  Double  Track  of  the  Central  California  Traction  Com- 
pany's Line  of  Railroad  on  Weber  Avenue;  Thence  Running  West- 
erly on  Weber  Avenue  on  the  Center  Line  of  the  Said  North  Track, 
Produced,  a  Distance  of  585  Feet  to  a  Point;  Thence  42  Degrees 
to  the  Right,  a  Distance  of  125  Feet;  Thence  28  Degrees  40  Minutes 
to  the  Left,  a  Distance  of  260  Feet  to  a  Point. 

Whereas,  All  notices  required  V>y  law  have  been  duly  given  and  all 
mattersi,  acts  and  things  precedent  to  the  gi^anting  of  the  franchise 
and  grant  hereinafter  set  forth  have  heretofore  been  had  and  per- 
formed in  due  form  of  l::iw: 

Now.  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
iStockton  as  follows:  » 

Section  1.  The  right,  privilege,  permission,  right  of  way  and 
franchise  is  hereby  granted  unto  the  Central  California  Traction 
Company  (a  corporation),  its  successors  in  interest  and  assigns,  in  so 
far  as  it  lies  within  the  power  of  the  City  of  Stockton  to  grant  the 
same,  to  use  for  the  term  of  forty-seven  years  from  the  date  of  the 
passage  of  this  Ordinance  the  streets,  avenues,  alleys,  lanes,  places 
and  route  in  the  City  of  Stockton,  County  of  San  Joaquin,  State  of 
California,  hereinafter  named  and  described,  and  to  that  end  the  said 
Central  California  Traction  Company  (a  corporation),  its  successors 
in  interest  and  assigns,  in  so  far  as  it  lies  within  the  power  of  the 
City  of  Stockton  to  grant  the  same,  is  hereby  granted  the  right, 
privilege,  permission,  right  of  way  and  franchise  to  construct,  lay 
down,  maintain,  operate  and  repair  for  the  term  of  forty-seven  years 
a  single  sidetrack  or  switch  for  the  conveyance  of  passengers  for  hire, 
together  with  the  right,  privilege,  permission,  right  of  way  and  fran- 
chise to  construct,  lay  down,  maintain  and  operate,  such  poles  and 
other  appliances  and  apparatus  for  propelling,  drawing  or  running 
thereon  cars  for  the  conveyance  of  passengers  for  hire,  propelled, 
drawn  or  run  by  electricity  supplied  by  or  taken  from  overhead  or 


214  ORDINANCES. 


underground  wire  or  wires,  or  by  electricity  supplied  or  taken  other- 
wise, or  by  wire  ropes  running  under  the  streets  and  moved  by 
stationary  engines,  or  by  any  lawful  motive  power  other  than  mova,- 
ble  steam  engines,  horses  or  mules,  on,  over  and  along  the  followint; 
streets,  avenues,  alleys,  lanes,  places  and  route  in  the  City  of  Stock- 
ton, County  of  San  Joaquin,  State  of  California,  described  as  follows, 
towit:  Commencing  at  a  point  9.4  feet  southerly  from  the  point  of 
intersection  of  the  center  line  of  Weber  avenue  and  Center  street, 
said  point  being  the  point  of  intersection  of  the  center  line  of  Center 
street  with  the  center  line  of  the  north  track  of  the  double  track  of 
the  said  Central  California  Traction  Company's  line  of  railroad  on 
Weber  avenue;  thence  running  westerly  on  Weber  avenue  on  the 
center  line  of  the  said  north  track,  produced,  a  distance  of  585  feet 
'  to  a  point;  thence  42  degrees  to  the  right,  a  distance  of  125  feet; 
thence  28  degrees  40  minutes  to  the  left,  a  distance"  of  260  feet  to  a 
point. 

Sec.  2.  The  work  to  construct  said  sidetrack  or  switch  shall  b& 
commenced  in  good  faith  within  not  more  than  four  months  from  the 
granting  of  the  franchise,  and  if  not  commenced  within  said  time  said 
franchise  so  granted  shall  be  declared  forfeited,  and  shall  be  com- 
pleted within  not  more  than  three  years  thereafter,  and  if  not  so- 
completed  within  said  time  said  franchise  shall  be  forfeited;  provided, 
that  for  good  cause  shown,  the  City  Council  of  the  City  of  Stockton 
shall  extend  the  time  for  the  completion  thereof  not  to  exceed  three 
months. 

Sec.  3.  The  foregoing  grants  are  made  upon  the  following  con- 
ditions, to  be  strictly  complied  with  by  said  grantee,  its  successors  m 
interest  and  assigns: 

First — The  rails  of  .said  sidetnxck  or  switch  must  be  of  the  most 
approved  pattern  for  railways. 

Second — ^The  tracks  of  said  sidetrack  or  switch  must  be  not  more 
than  five  feet  gauge. 

Third — The  cars  to  be  operated  must  be  of  the  patteni  and  kin^l 
best  adapted  for  the  comfort,  convenience  and  safety  of  the  passen- 
gers. 

Sec.  4.  The  grantee  of  said  franchise  and  assigns  shall  have  the 
right  to  excavate  and  remove  portions  of  the  street  along  the  route 
above  described  necessary  to  properly  construct  said  work,  and  to 
erect  all  needful  apparatus  to  properly  build  said  track  or  switch. 

Sec.  5.  The  grantee  of  said  franchise  or  its  successors  in  interesu 
and  assigns  shall,  at  its  own  cost,  pave  or  repave,  macadamize  or  re- 
macadamize,  grade  or  regrade  the  entire  length  of  the  streets  occupied 
by  the  said  sidetrack  or  switch  between  the  rails  thereof,  and  for  two 
feet  on  each  side  thereof,  with  the  same  material  as  may  be  used  for 
such  purposes  by  the  City  of  Stockton,  and  under  the  same  supervisioa 
and  specification  and  in  the  same  manner  as  upon  the  streets  or  por- 
tioBs  of  streets  over  wiiich  the  said  sidetrack  or  switch  runs,  and 
shall  keep  the  same  constantly  in  repair,  flush  with  the  streets  and 
with  good  crossings. 

Sec.  6.  The  rights  hereinbefore  granted  are  upon  the  express, 
condition  that  the  said  grantee,  its  successors  in  interest  and  assigns, 
shall  at  all  times  during  ihe  continuation  of  this  franchise  permit  and 
allow  mail  carriers  and  police  officers,  while  engaged  in  the  actual 
discharge  of  duty,  to  ride  on  the  said  cars  of  the  said  railway  without 
paying  any  sum  of  money  whatsoever  for  fare  or  otherwise. 


ORDINANCES.  215 


Sec.  7.  The  said  Central  California  Traction  Company,  its  suf^ 
cessors  in  interest  and  assigms,  shall  have  the  right,  privilege  and 
permission  to  transport  gravel  over  the  said  railroad  between  the 
hours  of  12  o'clock  midnight  and  6  o'clock  A.  M.  for  the  purpose  of 
public   improvement. 

Sec.  8.  Said  grantee  is  required  to  file  in  the  office  of  the  City\ 
Clerk  of  the  City  of  Stockton  an  acceptance  in  writing  of  the  pro- 
visions of  this  Ordinance,  and  unless  said  acceptance  be  filed  within 
thirty  days  after  the  approval  of  this  Ordinance  this  Ordinance  shall 
become  and  be  null  and  void  and  of  no  effect. 

Sec.  9.  ^his  Ordinance  shall  take  effect  and  be  in  force  from 
and   after   its   final   passage   and   approval. 


OEDIXAXCE   No.   450. 

(Approved  September  28,  1907.)     O.  B.  7—165. 

An  Ordinance  Granting  to  the  Central  California  Traction  Company 
(a  Corporation),  Its  Successors  in  Interest  and  Assigns,  in  So  Far 
as  It  Lies  Within  the  Power  of  the  City  of  Stockton  to  Grant  the 
Same,  the  Right.  Privilege,  Perm.ission  and  Franchise  for  the 
Term  of  Forty-Seven  Years  to  Operate  Cars  for  the  Carriage  and 
Transportation  of  Both  Passengers  and  Freight  for  Hire,  Pro- 
pelled, Drawn  or  Run  by  Electricity,  Supplied  by  or  Taken  Frorrt 
Overhead  or  Underground  Wire  or  Wires,  or  by  Electricity 
Supplied  by  or  Taken  Otherwise,  or  by  Wire  Ropes  Running 
Under  the  Streets  and  Moved  by  Stationary  Engines,  or  by  Any 
Lawful  Motive  Power  Other  Than  Movable  Steam  Engines, 
Horses  or  Mules,  On,  Over,  Along  and  Upon  Its  Tracks,  Con- 
structed or  Hereafter  to  Be  Constructed,  Under  Authority  of 
Ordinance  No.  323  of  Ordinances  of  the  City  of  Stockton, 
Adopted  by  the  City  Council  of  the  City  of  Stockton  on  the 
Twelfth  Day  of  August,  1902,  and  Under  Authority  of  Ordinance 
No.  423  of  Ordinances  of  the  City  of  Stockton  Adopted  by  the  City 
Council  of  the  City  of  Stockton  on  the  Ninth  Day  of  October, 
1906,  as  the  Said  Tracks  Are,  or  May  Hereafter  Be,  Constructed 
On,  Over,  Along  and  Upon  the  Streets,  Avenues,  Alleys,  Lanes, 
Places  and  Route  in  the  City  of  Stockton,  County  of  San  Joaquin. 
State  of   California,    Described   as    Follows: 

On  Center  street,  from  the  south  line  of  South  street  northerly  to 
the  center  line  of  Weber  avenue. 

On  Weber  avenue,  from  the  center  line  of  Center  street  easterly 
to  the  center  line  of  Aurora  street. 

On  Aurora  street,  from  the  center  line  of  Park  street  southerly  to 
the  center  line  of  Weber  avenue. 

On  Park  street,  from  the  center  line  of  Ophir  street  westerly  to 
the  center  line  of  Aurora  street. 

On  Park  street,  from  the  center  line  of  Ophir  street  along  Park 
street  to  the  center  line  of  East  street;  thence  northerly  on  Ease 
street  from  the  center  line  of  Park  street  to  a  point  in  the  center  lino 
of  East  street,  which  is  119.60  feet  northerly  from  the  point  whero 
the  northerly  line  of  Poplar  street,  produced  easterly,  would  intersect 
with  the  center  line  of  Bast  street;  thence  north  30  degrees  35 
minutes  east  60.50  teet  to  the  easterly  line  of  East  street. 

Whereas,  All  notices  required  by  law  have  been  duly  given,  and 
all  matters,   acts  and   things   precedent  to   the   granting  of  the  fran- 


216  ORDINANCES. 


cliise  and  grant  hereinafter  set  forth,  have  heretobefore  been  had  and 
performed  in  due  form  of  law;  and, 

Whereas,  The  Central  California  Traction  Company  is  a  corpora- 
tion  organized  and  existing  under  and  by  virtue  of  the  laws  of  tho 
State  of  California,  and  is  now  engaged  in  laying  down,  and  construct- 
ing a  railroad  from  the  City  of  Sacramento,  County  of  Sacramento, 
State  of  California,  through  the  said,  City  of  Stockton  and  to  the  town 
of  Modesto,  County   of  Stanislaus,  State  of  California;    and. 

Whereas,  Said  Central  California  Traction  Company  desires  an 
entrance  into  and  the  route  and  right  of  way  through  the  said  city 
of  Stockton  on  its  proposed  route  between  the  said  termini  for  tho 
purposes  hereinafter   set   forth;    and, 

Whereas,  Due  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission  and  franchise  is 
hereby  granted  unto  the  Central  California  Traction  Company,  a 
corporation  organized  and  existing  under  and  by  virtue  of  the  laws  of 
the  State  of  California,  and  to  its  successors  in  interest  and  assigns, 
in  so  far  as  it  lies  within  the  power  of  the  City  of  Stockton  to  grant  the 
same,  for  the  term  of  forty-seven  years,  to  operate  cars  for  the  carriage 
and  transportation  of  both  passengers  and  freight  for  hire,  propelled, 
drawn  or  run  by  electricity,  supplied  by  or  taken  from  overhead  or  under- 
ground wire  or  wires,  or  by  electricity  supplied  or  taken  otherwise,  or  by 
wire  ropes  running  under  the  streets  and  moved  by  stationary  engines,  or 
by  any  lawful  motive  power  other  than  movable  steam  engines,  horses  or 
mules,  on,  over,  along  and  upon  its  tracks  constructed  or  hereafter  to 
be  constructed  under  the  authority  of  Ordinance  No.  323  of  Ordinances 
of  the  City  of  Stockton,  adopted  by  the  City  Council  of  the  City  of 
Stockton  on  the  12th  day  of  August,  1902,  and  under  authority  of  Ordi- 
nance No.  423  of  Ordinances  of  the  City  of  Stockton  adopted  by  the 
City  Council  of  the  City  of  Stockton  on  the  9th .  day  of  October,  1906, 
as  the  said  tracks  are  or  may  hereafter  be  constructed  on,  over,  along 
and  upon  the  streets,  avenues  alleys,  lanes,  places  and  route  in  the 
City  of  Stockton,  County  of  San  Joaquin,  State  of  Califoraia,  described 
as  follows: 

On  Center  street,  from  the  south  line  of  South  street  northerly  to 
the  center  line  of  Weber  avenue. 

On  Weber  avenue,  from  the  center  line  of  Center  street  easterly 
to  the  center  line  of  Aurora  street. 

On  Aurora  street,  from  the  center  line  of  Park  street  southerly  to 
the  center  line  of  Weber  avenue.  • 

On  Park  street,  from  the  center  line  of  Ophir  street  westerly  to  the 
center  line  of  Aurora  street. 

On  Park  street,  from  the  center  line  of  Ophir  street  along  Park 
street  to  the  center  line  oi"  Bast  street;  thence  northerly  on  East  street 
from  the  center  line  of  Park  street  to  a  point  in  the  center  line  of 
East  street,  which  is  119.60  feet  r.ortherly  from  the  point  where  the 
northerly  line  of  Poplar  street,  produced  easterly,  would  intersect  with 
the  center  line  of  Eas<^  street;  thence  north  30  degrees  35  minutes  east 
60.50  feet  to  the  easterly  line  of  East  street. 

Sec.  2.  All  freight  and  exp^'ess  matter  shall  be  hauled  and  trans- 
ported in  closed  single  cars  having  the  same  general  appearance  as 
passenger  cars,  but  omitting  tho  windows  in  the  sides  and  ends 
thereof;  said  cars  shall  be  painted  in  the  same  general  color  as  pas- 
senger cars,  and   shall   have  a  generally  neal  appearance;    save  and 


ORDINANCES.  217 


•except  that  between  the  hours  of  12  o'clock  midnight  and  6  o'clock 
A..  M.  freight  maiter  mav  be  transported  in  cars  such  as  may  generally 
be  used  upon  steam  railroads  for  the  transportation  of  freight,  m 
trains  of  not  more  than  four  carfi'. 

Sec.  3.  The  cars  to  be  operated  by  the  grantee,  its  successors 
and  assigns,  shall  not  carry  on  a  local  street  railway  business  within 
the  corporate  limits  of  the  City  of  Stockton,  but  shall  stop  onlj"-  at. 
certain  stations  or  fixed  points  in  said  city  designated  by  said  Central 
California  Traction  Company,  its  successors  and  assigns,  for  the  taking 
on  and  discharge  of  passengers  and  freight  and  for  other  railroad  pur- 
poses. 

Sec.  4,  Said  g^-antee  is  required  to  file  in  the  office  of  the  City 
Clerk  of  the  City  of  Stockton  an  acceptance,  in  w^riting,  of  the  pro- 
visions of  this  Ordinance,  and  unless  such  acceptance  be  filed  within 
Thirty  (;J0)  days  after  the  approval  of  this  Ordinance  this  Ordinance 
.shall  become  null  and  void  and  of  no  effect. 

Sec.  5.  This  Ordinance  shall  take  effect  and  be  in  force  and  effect 
from  and  after  its  passage. 

ORDmANOE  No.  41. 

(Being  originally  No.  247,  approved  December  27,  1887.) 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows : 

Section  1.  There  is  hereby  granted  to  Jerome  Haas,  Louis  Haas, 
F.  P.  Haas,  H.  C.  Smith,  H.  S.  Farrington  and  G.  C,  Hyatt,  and  to  their 
successors  and  assigns,  for  the  term  of  twenty-five  years  from  the 
approval  of  this  Ordinance,  the  right  to  lay  down  and  maintain  mains 
and  pipes  for  conveying  natural  or  artificial  gas  in  any  of  the  city 
streets,  avenues,  alleys  or  ways  of  the  City  of  Stockton  for  the  purpose 
of  supplying  gas  for  the  use  of  the  inhabitants  of  said  city  and' for 
lighting  the  streets  and  buildings  of  said  city,  subject  to  each  and  all 
of  the  conditions,  limitations  and  restrictions  hereinafter  contained. 

Sec.  2.  The  said  pipes  and  mains  shall  be  so  laid  down  as  not  tc 
interfere  with  or  obt^truct  any  cistern,  sewer,  gas  or  water  pipe  belong- 
ing to  said  city,  or  to  any  other  person,  firm  or  corporation,  and  exist- 
ing or  laid  down  by  authority  of  law. 

Sec.  3.  The  said  persons,  their  successors' and  assigns,  and  their 
servants,  agents  and  employes,  shall  have,  and  they  are  hereby  giveif 
and  granted,  the  right  to  dig  up,  break  up,  dig  under  and  undennine 
any  of  the  public  streets,  ways,  places  or  alleys,  for  the  purpose  of. 
laying  down  or  gaining  access  to  their  said  pipes  or  mains.  And  anv 
person  who,  being  permitted  or  authorized  so  to  do  as  aforesaid,,  shall 
■have  broken  up,  dug  up  or  disturbed,  undermined  or  dug  under  any 
•public  street,  way,  place  or  alley,  shall,  as  soon  as  possible.  completQ 
the  work  for  which  said  street,  way,  place  or  alley  shall  have  been 
liroken  up,  dug  up,  disturbed,  dug  under  or  undennined,  and  shall, 
•without  delay,  put  the  street,  way  or  place  in  as  good  condition  as  it 
As-as  before  it  was  so  broken  up,  dug  up,  disturbed,  dug  under  or 
.undermined  and  remove  all  surplus  rock,  sand,  clay,  earth,  dirt,  manure 
^.nd  rubbish,  and  shall  do  the  same  under  the  direction  and  super- 
vision of  the  Street  Commissioner  of  the  City  of  Stockton  and  the 
Street  Committee  of  the  Citv  Council  of  said  City  of  Stockton,  and 
^hall  keep  the  same  in  good  repair  for  one  year  thereafter. 


218  ORDINANCES. 


Sec.  4.  The  laying  down  of  all  pipes  shall  be  subject  to  tho 
roasonable  directions  of  the  authorities  of  said  city  having  charge  of 
the  streets  thereof,  as  to  the  time,  place  and  manner  of  laying-  the 
same.  Not  more  than  two  blocl^s  at  any  one  place  shall  be  laid  witii 
pipe  at  any  one  time,  and  no  block  shall  be  torn  up  for  more  than  ten. 
working  days. 

Sec.  5.  The  privileges  herein  granted  are  granted  upon  the  ex- 
press condition  that  the  municipal  authorities  of  said  city  have  the 
right  at  any  time  to  grant  similar  privileges  to  others.  This  Ordinance 
shall  take  effect  and  be  in  force  from  and  after  January  3,  3888. 


ORDINANCE  No.  42. 

(Being  originally  No.  267,  approved  February  12,  1889.) 

The  Mayor  and  City  Council  of  the  City  of  Stockton  do  ordain  as 
follows: 

Section  1.  There  is  hereby  granted  to  the  Northern  Natural  Gas 
Company  of  Stockton,  a  corporation  existing  under  the  laws  of  the 
State  of  California,  and  its  successors  and  assigns,  for  the  term  of 
twentj'-five  years  from  the  approval  of  this  Ordinance,  the  right  to 
lay  down  and  maintain  mains  and  pipes  for  conveying  natural  gas  in. 
any  of  the  public  streets,  alleys  or  ways  of  the  City  of  Stockton  north 
of  Miner  avenue  and  west  of  American  street,  for  the  purpose  of  sup- 
plying gas  to  the  stockholders  of  said  corporation,  and  supplying  and 
furnishing  the  surplus,  if  any,  of  gas  flowing  from  its  well  or  wells  to 
the  inhabitants  of  said  city,  and  for  lighting  the  streets  and  buildings, 
of  said  city.  There  is  also  hereby  granted  to  said  corporation  and 
assigns,  for  the  term  of  twenty-five  years  from  the  date  of  the  a.)- 
proval  of  this  Ordinance,  the  right  to  lay  down  and  maintain  pipes  in 
any  of  the  public  streets,  avenues,  alleys  or  ways  of  the  City  of  Stock- 
ton, within  the  limits  above  descri*>ed,  for  conveying  the  water  that 
may  flow  from  its  well  or  wells,  and  to  discharge  the  same  into  the 
waterways  of  the  city  west  of  El  Dorado  street,  with  the  privilege  of 
connecting  houses  with  said  pipes  for  sewerage  purposes,  until  such 
time  as  a  system  of  sev^^erage  has  been  provided  by  said  city.  The 
above  all  being  subject  to  each  and  all  of  the  conditions,  limitations  and 
(  restrictions  hereinafter  contained. 

Sec.  2.  The  said  pipes  and  mains  shall  be  so  laid  down  as  not  to 
interfere  with  Or  obstruct  any  cistern,  sewer,  gas  or  water  pipe  be- 
longing to  said  city,  or  to  any  other  person,  firm  or  corporation,  anl 
existing  or  laid  down  by  authority  of  law. 

Sec.  3.  The  said  corporation,  its  successors  and  assigns,  and  its 
servants,  agents  and  emnloyes,  shall  have,  and  they  are  hereby  given 
and  granted,  the  right  to  dig  up,  break  up,  dig  under  and  undermine 
any  of  the  public  streets,  ways,  places  or  Alleys  within  said  limits  for 
the  purpose  of  laying  down  or  gaining  access  to  their  said  pipes  and 
mains.  And  said  corporation  being  permitted  or  authorized  so  to  do  as 
aforesaid  and  shall  have  broken  up,  dug  up  or  disturbed,  undermined  or 
dug  under  any  public  street,  way,  place  or  alley,  shall,  as  soon  as  possi- 
ble, complete  the  work  for  which  said  street,  way,  place  or  alley  shall 
have  been  broken  up,  dug  up,  disturbed,  dug  under  or  undermined, 
and  shall,  without  delay,  put  the  street,  way  or  place  in  as  good  con- 
dition as  it  was  before  it  was  so  broken  up,  dug  up,  disturbed,  ^m% 
«nder  or  undermined,  and  remove  all  surplus  rock,  sand,  clay,  earth. 


ORDINANCES.  21^ 


dirt,  manure  and  rubbish,  and  shall  do  the  same  under  the  direction 
and  supervision  of  the  Street  Commissioner  of  the  City  of  Stockton 
and  the  Street  Committee  of  the  City  Council  of  said  City  of  Stockton, 
or  their  successors  in  office,  and  shall  keep  the  same  in  good  repair  for 
OHe  year  thereafter. 

Sec.  4.  The  laying  down  of  all  pipes  shall  be  subject  to  the 
reasonable  directions  of  the  authorities  of  said  city  having  charge  of 
the  streets  thereof,  as  to  the  time,  place  and  manner  of  laying  the 
same.  Not  more  than  two  blocks  at  any  one  place  shall  be  laid  with 
pipe  at  any  one  time,  and  no  block  shall  be  torn  up  for  more  than  ten. 
working  days. 

Sec.  5.  The  privileges  herein  granted  are  granted  upon  the  ex- 
press conditions  that  municipal  authorities  of  said  city  have  the  right 
at  any  time  to  grant  similar  privileges  to  others.  And  also  that  the 
said  authorities  may,  at  the  expense  of  the  city,  connect  any  fire  cistern 
or  fire  plug  or  hydrant  with  the  water  pipes  mentioned  in  this  Ordi- 
nance, and  in  time  of  fire  turn  the  whole  of  said  water  into  said 
cisterns. 

Sec.  6.  The  privileges  herein  granted  to  the  said  Northern 
Natural  Gas  Company,  its  successors  or  assigns,  relating  to  the  tem- 
porary disposal  of  sewerage  matter,  are  granted  upon  the  express, 
terms  and  conditions  that,  if  at  any  time  the  Board  of  Health,  Health 
Officer  or  proper  authorities  of  the  City  of  Stockton  shall  deem  the 
exercising  of  said  privilege  a  nuisance  or  prejudicial  to  the  health  of 
the  city,  or  the  inhabitants  thereof,  then  and  in  that  event  said  privi- 
leges shall  cease  and  be  of  no  force  and  effect,  and  all  connections, 
previously  made  for  sewerage  purposes,  with  the  pipe  or  pipes  through 
which  the  water  flows  from  the  well  or  wells  of  said  Northera  Natural 
Gas  Company,  its  successors  or  assigns,  and  is  emptied  into  the  water- 
ways of  the  city,  heretofore  described,  shall  be  immediately  discon- 
nected therefrom  and  the  sewerage  matter  disposed  of  in  such  man- 
ner as  may  be  designated  by  the  prop'3r  officials  of  the  city. 

Sec.  7.  The  rights  and  privileges  herein  vested  in  the  said  North- 
ern Natural  Gas  Company,  its  successors  or  assigns,  are  granted  upon 
the  express  terms  and  conditions  that  in  no  event  will  the  City  of 
Stockton,  or  any  of  its  officers,  agents  or  employes  ever  be  held  in  any 
way  responsible  for  any  loss  or  damage  whatever,  either  to  person  or 
property,  that  may  arise  at  any  time  from  the  exercising  of  ^ny  of  the 
rights  and  privileges  granted  b\  this  Ordinance  to  the  said  Northern 
Natural  Gas  Company,  its  successors  or  assigns,  it  being  expressly 
understood  and  agreed  that  the  said  Northern  Natural  Gas  Company^ 
its  successors  or  assigns,  shall  assume  all  liability  in  connection  there- 
with, upon  the  filing  of  the  notice  accepting  this  Ordinance  by  said 
Northern  Naturai  Gas  Company  as  herein  provided. 

Sec.  8.  If  the  said  Northern  Natural  Gas  Company  shall  fail  for 
ten  days  after  the  approval  of  this  Ordinance  by  the  Mayor  to  file  with 
the  City  Clerk  of  the  City  of  Stockton  a  copy  of  a  resolution  of  its. 
Board  of  Directors  accepting  the  rights  and  privileges  herein  granted, 
upon  the  terms  and  conditions  provided,  duly  signed  by  its  President 
and  Secretary,  under  the  seal  of  said  corix)ration,  this  Ordinance  shalt 
be  of  no  force  or  effect  to  vest  any  of  the  said  rights  and  privileges; 
nor  unless  the  work  herein  provided  for  shall  be  commenced  prior  to 
the  first  day  of  January,  ISfiO,  and  prosecuted  to  completion  with, 
reasonable  diligence. 


220  ORDINANCES. 


ORDINANCE  No.  43. 

(Being  originally  No.  323,  approved  April  16,  1891.) 

Granting  to  the  Citizens'  Natural  Gas  Company  (a  Corporation)  for 
the  Period  of  Twenty-Five  Years  the  Right  and  Franchise  to  Lay 
Down  and  Maintain  in  Any  of  the  Public  Streets,  Alleys,  Ways  or 
Places  of  the  City  of  Stockton,  North  of  the  South  Line  of  Fremont 
Street  and  West  of  the  East  Line  of  Hunter  Street,  for  the  Purpose 
of  Conveying  Natural  Gas  and  Supplying  the  Same  to  the  Stock- 
holders of  Said  Corporation  and  the   Inhabitants  of  Said  City. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
lollows: 

Section  1.  There  is  hereby  granted  to  the  Citizens'  Natural  Gas 
Company,  a  corporation  existing  under  the  laws  of  the  State  of  Cali- 
fornia, and  its  successors  and  assigns,  for  the  term  of  twenty-five  years 
from  the  date  of  the  approval  of  this  Ordinance,  the  franchise  and 
right  to  lay  down  and  maintain  mains  and  pipes  for  conveying  natural 
gas  in  any  of  the  public  streets,  alleys,  ways  or  places  of  the  City  of 
Stockton  north  of  the  south  line  of  Fremont  street  and  west  of  the  east 
line  of  Hunter  street,  for  the  purpose  of  supplying  gas  to  the  stock- 
holders of  said  corporation,  and  supplying  and  furnishing  the  surplus, 
if  any,  of  gas  flowing  from  the  well  or  wells  of  said  corporation  to  the 
inhabitants  of  said  city,  and  for  lighting  the  streets  and  building-s  of 
^aid  city. 

Sec.  2.  The  said  pipes  and  mains  shall  be  so  laid  down  as  not  to 
interfere  with  or  obstruct  any  cistern,  sewer,  gas  or  water  pipe  belong- 
ing to  said  city,  or  to  any  other  person,  firm  or  corporation  now  exist- 
ing or  laid  down  by  authority  of  law. 

Sec.  3.  The  said  corporation,  its  successors  and  assigns,  and  its 
r.ervants,  agents  and  employes,  shall  have,  and  they  are  hereby  given 
and  granted,  the  right  to  dig  up,  break  up,  dig  under  and  undermine 
any  of  the  public  streets,  alleys,  ways  or  places  within  the  limits  above 
specified,  for  the  purpose  of  laying  down  or  gaining  access  to  their 
said  mains  and  pipes.  And  whenever  said  corporation  shall  have 
broken  up,  dug  up  or  disturbed,  undermined  or  dug  under  any  public 
street,  alley,  way  or  place,  as  authorized  and  permitted  by  this  Ordi- 
nance, they  shall,  as  soon  as  possible,  complete  the  work  for  which- 
said  street,  alley,  way  or  place  shall  have  been  broken  up,  dug  up, 
disturbed,  dug  under  or  undermined,  and  shall,  without  delay,  put  such 
street,  alley,  way  or  place  in  as  good  condition  as  it  was  before  it  was 
so  broken  up,  dug  up,  disturbed,  dug  under  or  undermined,  and  remove 
all  surplus  rock,  sand,  clay,  earth,  dirt  and  rubbish,  and  shall  do  the 
same  under  the  direction  and  supervision  of  the  Board  of  Public  Works 
of  the  City  of  Stockton  or  their  successors  in  office  and  shall  keep  the 
same  in  good  repair  for  one  year  thereafter. 

Sec.  4.  The  laying  down  of  all  pipes  shall  be  subject  to  the 
reasonable  directions  of  the  authorities  of  said  city  having  charge  of 
the  streets  thereof,  as  to  time,  place  and  manrer  of  laying  the  same. 
Not  more  than  two  blocks  at  any  one  place  shall  be  laid  with  pipe  at 
any  one  time,  and  no  block  shall  be  torn  up  for  more  than  ten  working 
days. 

Sec.  5.  The  privileges  herein  granted  are  granted  upon  the 
<?xpress  condition  that  the  municipal  authorities  of  said  city  have  the 
right  at  any  time  to  grant  similar  privileges  to  others. 

Sec  6.  The  rights  and  privileges  herein  granted  to  and  veste>l 
In  the  said  Citizens'  Natural  Gas  Company,  its  successors  or  assigns. 


ORJ^INANCES.  221 


are  granted  on  the  express  terms  and  conditions  that  in  no  event  will 
the  City  of  Stockton,  or  any  of  its  officers,  agents  or  employes,  ever  be 
held  in  any  way  responsible  for  any  loss  or  damages  whatever,  eithe;: 
to  person  or  property,  that  may  arise  at  any  time  from  the  exerciri; 
of  any  of  the  rights  and  privileges  granted  by  this  Ordinance  to  th.r 
said  Citizens'  Natural  Gas  Company,  its  successors  or  assigns,  it  being 
expressly  understood  and  agreed  that  the  said  Citizens'  Natural  Gas 
Company,  its  successors  or  assigns,  shall  assume  all  liability  in  connec- 
tion therewith,  upon  the  filing  of  the  notice  accepting  this  Ordinance 
by  said  Citizens'  Natural  Gas  Company,  as  herein  provided. 

Sec.  7.  If  the  said  Citizens'  Natural  Gas  Company  shall  fail,  for 
ten  days  after  the  approval  of  this  Ordinance  by  the  Mayor,  to  file 
with  the  City  Clerk  of  the  City  of  Stockton  a  copy  of  a  resolution  of  its 
Board  of  Directors  accepting  the  righis  and  privileges  herein  granted, 
upon  the  terms  and  couvlitions  herein  provided,  and  duly  signed  by  its 
President  and  Secretary,  under  the  seal  of  said  corporation,  this  Ordi- 
nance shall  be  of  no  force  or  eftect  to  vest  any  of  the  said  rights  and 
privileges,  nor  unless  the  work  herein  provided  for  shall  be  commenced 
prior  to  the  first  day  of  May,  1S91,  and  prosecuted  to  completion  with 
reasonable  diligence.  

ORDINANCE  No.  63. 

(Approved   September   1,   1891.) 

Granting  to  John  Jackson  and  His  Assigns  the  Right  to  Lay  Down  and 
Maintain  Mains  and  Pipes  for  Conveying  Natural  Gas  in  Certain 
Public  Streets,  Alleys  and  Ways  in  the  City  of  Stockton,  for  the 
Purpose  of  Supplying  Gas  Flowing  From  Jackson's  Gas  Well  or 
Wells  to  the  Residents  Along  Said  Streets,  Alleys  and  Ways,  and 
for  Lighting  the  Streets,  Alleys  and  Ways  and  Buildings  of  Said 
City  Within  Certain  Limits;  and  Also  to  Lay  Down  and  Maintaiiv 
Mains  and  Pipes  for  the  Purpose  of  Conveying  Water  That  May 
Flow  From  Said  Gas  Well  or  WeHs. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  There  is  hereby  granted  to  John  Jackson,  and  to  his 
assigns,  for  the  term  of  twenty-five  (25)  years  from  the  approval  of  this 
Ordinance,  the  right  lo  lay  down  and  maintain  mains  and  pipes  for 
conveying  natural  gas  in  any  of  the  streets,  alleys  and  ways  south  of 
Channel  street,  in  the  City  of  Stockton,  for  the  purpose  of  supplying 
gas  flowing  from  Jackson's  gas  well,  or  gas  wells  (so  called),  to  the  resi- 
dents along  said  streets,  alleys  and  ways,  and  for  lighting  the  streets 
and  buildings,  alleys  and  ways  of  said  city  within  said  limits. 

There  is  also  hereby  granted  to  said  John  Jackson,  and  to  his 
assigns,  for  the  term  of  twenty-five  (25)  years  from  the  date  of  tne 
approval  of  this  Ordinance,  the  right  to  lay  down  and  maintain  piperi 
and  mains  in  any  of  the  public  streets,  alleys  or  ways  of  the  City  of 
Stockton,  within  the  limits  above  described,  for  conveying  the  wato: 
that  may  fiow  from  said  well,  or  wells,  and  to  discharge  the  same  inter 
the  watei-ways  of  the. city,  west  of  Center  street,  with  the  privilege  of 
connecting  houses  with  said  pipes  for  sewerage  purposes,  until  such  time 
as  a  system  of  sewerage  has  been  provided  by  said  city.  The  above  all 
being  subject  to  each  and  all  of  the  conditions,  limitations  and  restric- 
tions hereinafter  contained. 

Sec.  2.  The  said  pipes  and  mains  shall  be  so  laid  down  as  not  to 
interfere  with  or  obstruct  any  cistern,  sewer,  gas  or  water  pipe  belong- 


222  ORDINANCES. 


ing  to  said  city,  or  to  any  other  person,  firm  or  corporation,  and  exist- 
ing- and  laid  down  by  authority  of  law. 

Sec.  3.  The  said  John  Jackson,  and  his  assigns,  and  servants, 
agents  and  employes,  shall  have  and  they  are  hereby  given  and  granted, 
ihe  right  to  dig  up,  break  up,  dig  under  and  undermine  any  of  the 
public  streets,  ways,  places  or  alleys  within  said  limits,  for  the  purposo 
■of  laying  down  or  gaining  access  tO'  their  said  pipes  or  mains. 

And  said  John  Jackson,  and  his  assigns,  being  permitted  or  author- 
ized so  to  do  as  aforesaid,  and  shall  have  broken  up,  dug  up  or  dis- 
turbed, undermined  or  dug  under  any  public  street,  way,  place  or  alley, 
shall,  as  soon  as  possible,  complete  the  work  for  which  said  street, 
"way,  place  or  alley  shall  have  been  broken  up,  dug  up,  disturbed,  dug 
under  or  undermined,  and  shall,  without  delay,  put  the  street,  way  or 
place  in  as  good  condition  as  it  was  before  it  was  so-  broken  up,  du^ 
up,  disturbed,  dug  under  or  undermined  and  remove  all  surplus  rock, 
fcand,  clay,  earth,  dirt,  manure  and  rubbish,  and  shall  do  the  same  under 
the  direction  and  supervision  of  the  Superintendent  of  Streets  of  the 
€ity  of  Stockton  and- the  Board  of  Public  Works  of  said  City  of  Stock- 
ton or  their  successors  in  office,  and  shall  keep  the  same  in  good  repair 
for  one  year  thereafter. 

Sec.  4.  The  laying  down  of  all  pipes  shall  be  subject  to  the 
reasonable  direction  of  the  authorities  of  said  city  having  charge  of 
the  streets  thereof,  as  to  the  time,  place  and  manner  of  laying  the 
same.  Not  more  than  two  blocks  at  any  one  place  shall  be  laid  with, 
pipes  at  any  one  time,  and  no  block  shall  be  torn  up  for  more  than  ten 
working  days. 

Sec.  5.  The  privileges  herein  granted  are  granted  upon  the 
express  condition  that  the  municipal  authorities  of  said  city  have  the 
right  at  any  time  to  grant  similar  privileges  to  others. 

And  also  that  the  said  authorities  may,  at  the  expense  of  the  city, 
connect  any  fire  cistern  or  fire  plug  or  hydrant  with  the  water  pipes 
mentioned  in  this  Ordinance,  and  in  time  of  fire  turn  the  whole  of 
said  water  into  said  cisterns. 

Sec.  6.  The  privileges  herein  granted  to  the  said  John  Jackson, 
his  successors  and  assigns,  relating  to  the  temporary  disposal  of 
sewerage  matter,  are  granted  upon  the  express  terms  and  condition 
that  if  at  any  time  the  Board  of  Health  and  Health  Officer  or  proper 
authorities  of  the  City  of  Stockton  shall  deem  the  exercising  of  said 
privilege  a  nuisance  or  prejudicial  to  the  health  of  the  city,  or  the 
inhabitants  thereof  then,  and  in  that  event,  such  privileges  shall  cea^o 
and  be  of  no  force  nnd  effect,  and  all  connections  previously  made 
for  sewerage  purposes  with  the  pipe  or  pipes  through  which  the  water 
flows  from  the  well,  or  wells,  of  said  John  Jackson,  his  successors  or 
assigns,  and  is  emptied  into  the  waterways  of  the  city,  hereinbeforo 
described,  shall  be  immediately  disconnected  therefrom  and  the 
-sewerage  matter  disposed  of  in  such  manner  as  may  be  designated  by 
the  proper  authoriues  of  said  city. 

Sec.  7.  The  rights  and  privileges  herein  vested  in  the  said  John 
Jackson,  and  his  assigns,  are  granted  upon  the  express  terms  and  con- 
ditions that  in  no  event  will  the  City  of  Stockton,  or  any  of  its  officers, 
agents  or  employes,  ever  be  held  in  any  way  responsible  for  any  loss 
or  damage  whatever,  either  to  person  or  property,  that  may  arise  at 
any  time  from  the  exercising  of  any  of  the  rights  and  privileges  granted 
by  this  Ordinance  to  the  said  John  Jackson,  and  his  assigns,  it  being 
<5xpressly  understood  and  agreed  that  the  said  John  Jackson,  and  his 


ORDINANCES.  22« 


assigns,  shall  assume  all  liability  in  connection  therewith,  upon  the 
filing  of  the  notice  accepting  this  Ordinance  by  the  said  John  Jackson, 
or  his  assigns,  as  herein  provided. 

Sec.  8.  If  the  said  John  Jackson,  or  his  assigns,  shall  fail,  for 
ten  days  after  the  approval  of  this  Ordinance  by  the  Mayor,  to  file  with 
the  City  Clerk  of  the  City  of  Stockton  the  written  acceptance  of  the 
.fcaid  John  Jackson,  or  his  assigns,  accepting  the  rights  and  privileges 
herein  granted,  upon  the  terms  and  conditions  herein  provided,  duly 
signed  by  the  said  John  Jackson,  or  his  assigns,  this  Ordinance  shall 
be  oif  no  force  or  effect  to  vest  any  of  the  said  rights  and  privileges; 
nor,  unless  the  work  herein  prgvided  for  shall  be  commenced  prior  to 
the  first  day  of  January,  1S&2.  and  prosecuted  to  completion  with 
reasonable  diligence.  

ORDINANCE  No.  75. 

(Approved   October   29,   1891.) 
Granting   to   the    Central    Natural    Gas    Company    (a    Corporation)    the 

Right  to   Lay   Down  and   Maintain   Mains  and   Pipes  for  Conveying 

Natural  Gas  From  the  Well  and  Wells  of  Said  Company  Upon  and 

Along  Certain  Streets  and  Avenues  in  the  City  of  Stockton  Within 

Certain  Limits,  for  Sale  and   Use. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  There  is  hereby  granted  to  the  Central  Natural  Gas 
Company,  and  its  assigns,  for  the  term  of  twenty-five  years  from  the 
approval  of  this  Ordinance,  the  right  to  lay  down  and  maintain  mains 
and  pipes  for  conveying  natural  gas  upon  and  along  the  following 
portions  of  the  following  streets  and  avenues  of  said  city,  namely: 
Fremont  street,  from  Sacramento  street  to  El  Dorado  street;  Lindsay 
street,  from  Sacramento  street  to  Lindsay  Point;  Miner  avenue,  from 
Sacramento  street  to  Lindsay  Point;  Channel  street,  from  East  street 
to  the  western  point  of  the  Peninsula;  Weber  avenue,  from  Sacramento 
iitreet  to  Hunter  street;  El  Dorado*  street,  from  Fremont  street  to 
Miner  Channel;  Hunter  street,  from  Fremont  street  to  Weber  avenue; 
San  Joaquin  street,  from  Fremont  street  to  Main  street;  Sutter  street, 
from  Fremont  street  to  Main  street;  California  street,  from  Fremont 
street  to  Market  street;  American  street,  from  Fremont  street  to 
Market  street;  Stanislaus  street,  from  Fremont  street  to  Market 
street;  Grant  street  from  Fremont  street  to  Market  street;  Aurora 
street,  from  Fremont  street  to  Marlvet  street,  and  Market  street,  from 
San  Joaquin  street  to  Sacramento  street. 

Sec.  2.  The  said  pipes  and  mains  shall  be  so  laid  down  as  not 
to  interfere  with  or  obstruct  any  cistern,  sewer,  gas  or  water  pipe 
belonging  to  said  city,  or  to  any  other  person,  firm  or  corporation,  and 
existing  and  laid  down  by  authority  of  law. 

Sec.  3.  The  said  Central  Natural  Gas  Company,  and  its  assigns 
and  servants,  agents  and  employes,  shall  have,  and  they  are  hereby 
given  and  granted,  the  right  to  dig  up,  break  up,  dig  under  and  under- 
mine any  of  the  public  streets,  ways,  places  or  alleys  within  said 
limits  for  the  purpose  of  laying  down  or  gaining  access  to  their  said 
pipes  or  mains. 

The  said  Central  Natural  Gas  Company,  and  its  assigns,  being 
permitted  or  authorized  so  to  do.  as  aforesaid,  and  shall  have  broken 
up,  dug  up  or  disturbed,  undermined  or  dug  under  any  public  street, 
way,  place  or  alley,  shall  as  soon  as  possible  complete  the  work  for 
which  said  street,  way,  place  or  alley  shall  have  been  broken  up,  dui? 


224  ORDINANCES. 


up,  distiirbed,  dug  under  or  undermined,  and  shall,  without  delay,  put 
the  street,  way  or  place  in  as  good  condition  as  it  was  before  it  wa» 
so  broken  up,  dug  up,  disturbed,  dug  under  or  undermined,  and  remove 
all  surplus  rock,  sand,  clay,  earth,  dirt,  manure  and  rubbish,  and  shall 
do  the  same  under  the  direction  and  supervision  of  the  Superintendent 
of  Streets  of  the  City  of  Stockton  and  the  Board  of  Public  Works  of 
said  City  of  Stockton  or  their  successors  in  office,  and  shall  keep  the 
same  in  good  repair  for  one  year  thereafter. 

Sec.  4.  The  laying  down  of  all  pipes  shall  be  subject  to  the 
reasonable  direction  of  the  authorities  of  said  city  having  charge  of 
the  streets  thereof  as  to  the  time,  place  and  manner  of  laying  the  same. 
Not  more  than  two  blocks  at  any  one  place  shall  be  laid  with  pipes 
at  any  one  time,  and  no  block  shall  be  torn  up  for  more  than  ten 
working  days. 

Sec,  5.  The  privileges  herein  granted  are  granted  upon  the  ex- 
press condition  that  the  m.unicipal  authorities  of  said  city  have  the 
right  at  any  time  to  grant  similar  privileges  to  others. 

Sec.  6.  The  rights  and  privileges  herein  vested  in  the  sai^I 
Central  Natural  Gas  Company,  and  its  assigns,  are  granted  upon  tne 
express  terms  and  conditions  that  in  no  event  will  the  City  of  Stockton, 
or  any  of  its  officers,  agents  or  employes,  ever  be  held  in  any  way 
responsible  for  any  loss  or  damage  whatever,  either  to-  person  or 
property,  that  may  arise  at  any  time  from  the  exercising  of  any  of  the 
rights  and  privileges  granted  by  this  Ordinance  to  the  said  Central 
Natural  Gas  Company,  and  its  assigns,  it  being  expressly  understood 
and  agreed  that  the  said  Central  Natural  Gas  Company,  and  its  assign.^, 
shall  assume  all  liability  in  connection  therewith  upon  the  filing  of  the 
notice  accepting  this  Ordinance  by  the  said  Central  Natural  Gas  Com- 
pany, or  its  assigns,  as  herein  provided. 

Sec.  7.  If  the  said  Central  Natural  Gas  Company,  or  its  assigns, 
shall  fail,  for  ten  days  after  the  approval  of  this  Ordinance  by  the 
Mayor,  to  file  with  the  City  Clerk  of  the  City  of  Stockton  tke  written 
acceptance  of  the  said  Central  Natural  Gas  Company,  or  its  assigns, 
accepting  the  rights  and  privileges  herein  granted  upon  the  terms  and 
conditions  herein  provided,  duly  signed  by  the  said  Central  Natural 
Gas  Company,  or  its  assigns,  this  Ordinance  shall  be  of  no  force  or 
effect  to  vest  any  of  the  said  rights  and  privileges;  nor  unless  the 
work  hereiri.  provided  for  shall  be  commenced  prior  to  the  first  day  of 
January,  1892,  and  prosecuted  to  completion  with  reasonable  diligence.. 

OEDINANCE  No.  73. 

(Approved    Octoher   9,    1891.) 

An  Ordinance  Granting  to  the  Western  Union  Telegraph  Company  the 
Right  to  Place  and  Maintain  Its  Pole.^  and  Lines  in  the  Streets, 
Alleys  and  Public  Ways  of  the  City  of  Stockton,  State  of  California, 
on  the  Terms  and  Conditions  Herein  Stated. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  That  the  Western  Union  Telegraph  Company,  its 
successors  and  assigns,  are  authorized  to  erect  and  maintain  on  the 
streets,  alleys  and  public  ways  of  said  city  the  poles  and  fixtures  and 
wires  necessary  for  the  purpose  of  supplying  the  citizens  of  said  city 
and  the  public  communication  by  telegraph  or  other  improved  elec- 
trical device,  such  use  to  be  and  continue  upon  the  terms  and  condi- 
tions hereinafter  stated. 


ORDINANCES.  225 


Sec.  2.  The  location  of  the  poles  and  lines  now  in  use  whereby- 
approved;  and  the  location  of  all  poles  and  lines  hereafter  to  be 
erected,  and  anj"  change  in  the  location  of  the  poles  and  lines  now  in 
use,  or  extensions  thereof,  shall  be  under  the  direction  and  control  of 
the  City  Council  of  said  city. 

Sec.  3.  Said  poles  and  wires  shall  be  placed  and  maintained  so 
as  not  to  interfere  with  travel  on  said  highways,  and  said  companv 
shall  hold  said  city  free  and  harmless  from  all  damages  arising-  by 
reason  of  any  such  occupancj'.  1  his  grant  is  made  and  is  to  be  enjoyed, 
subject  to  such  regulations  and  Ordinances  as  said  City  Council  of  said 
city  is  authorized  and  deems  proper  at  any  time  to  adopt,  and  shall  be 
subject  to  the  right  of  said  City  Council,  at  any  time  when  so  advised, 
to  cause  the  said  wires  to  be  placed  under  ground,  or  in  other  safe  or 
proper  conduit. 

Sec.  4.  The  right  of  use  herein  given  shall  not  be  exclusive,  ani 
the  City  Council  of  said  city  reserves  the  power  to  grant  a  like  right 
of  way  to  any  other  telegraph  company,  the  same,  however,  not  to 
interfere  with  the  reasonable  and  proper  exercise  of  the  privileges 
herein  granted. 

Sec.  5.  In  consideration  whereof  said  Western  Union  Telegraph 
Company  shall,  and  by  the  acceptance  of  this  Ordinance  does,  agree 
to  allow  the  Citj^  Council  of  said  city  to  attach  at  any  time  to  the  top 
cross-arm  of  any  of  said  poles  the  city  fire  alarm  and  police  wires,  and 
said  poles  are  hereby  made  a  municipal  instrumentality  for  that  pu''- 
pose;  provided,  however,  said  attachment  shall  be  so  made  as  not  lo 
interfere  with  said  company's  use.  and  said  attachment  shall  be  male 
and  maintained  ander  the  direction  of  said  company's  manager  in  said 
City  of  Stockton.  The  said  company  shall  and  will  furnish  for  the  said 
city  the  use  of  its  poles  for  the  attachment  thereto  of  its  fire  alarm 
boxes  without  charge  to  said  city. 

Sec.  6.  That  whenever  said  company  ceases  to  operate  a  tele- 
graph line  in  said  Cit}-  of  Stockton,  and  ceases  to  use  the  said  poles 
and  lines  herein  provided  for,  in  the  operation  of  its  line  of  telegraph, 
then  said  company  shall  remove  said  lines  and  poles  from  the  streetsi 
and  alleys  of  said  city,  within  sixty  days  from  the  date  that  said  com- 
pany so  ceases  to  use  and  operate  said  lines. 

Sec.  7.  This  Ordinance  shall  be  of  no  effect  to  vest  the  rights 
and  privileges  herein  granted,  imless  said  Westeni  Union  Telegraph 
Company  shall,  within  thirty  days  after  the  passage  hereof,  file,  in  the 
office  of  the  City  Clerk  of  the  City  of  Stockton,  an  unconditional 
acceptance  of  said  Ordinance. 

Sec.  8.  The  Ordinance  shall  take  effect  from  and  after  its  passage 
and  approval,  and  shall  continue  in  force  for  the  tenii  of  twenty-five 
year  thereafter.  ■ 

OEDIXANCE  No.  S4. 

(Passed  over  veto  March  29,  1892.) 

An  Ordinance  Granting  to  the  Sunset  Telephone  and  Telegraph  Com- 
pany and  Assigns  the  Right  to  Place,  Erect  and  Maintain  Its  Poles, 
Wires  and  Other  Conductors  for  the  Transmission  of  Electricity 
for  Telephone  and  Telegraph  Purposes  in  and  Upon  the  Streets, 
Alleys,  Avenues  and  Public  Ways  of  the  City  of  Stockton,  State 
of  California,  on  the  Terms  and  Conditions  Herein  Stated. 
.  Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 

follows : 

•Section  1.     That  the   Sunset  Telephone   and  Telegraph   Company 

and-  its  assigns   are  hereby  authorized   to  place,  erect,  maintain,   lay 


226  ORDINANCES. 


end  operate  in  and  upon  the  streets,  alleys,  avenues  and  public  ways 
of  said  City  of  Stockton,  poles,  wires  and  other  conductors  for  the 
transmission  of  electricity  for  telephone  and  telegraph  purposes,  but 
not  for  electric  lights  or  motors;  such  wires  or  conductors  may  be 
Ftrung  upon  poles  or  other  fixtures  above  ground,  provided  they  aro 
strung  or  hung  sufficiently  high  as  to  not  interfere  with  trade,  traffic  or 
travel,  and  also  provided  that  said  company  may,  on  business  and 
populous  thoroughfares  and  where  the  induction  from  other  wires 
interferes  with  the  efficient  working  of  the  instruments,  lay  wires  and 
conductors  under  ground  in  safe  pipes  or  conduits,  and  such  other 
apparatus  may  be  used  as  may  be  necessary  or  proper  to  maintain  or 
operate  the  same;  provided  that  all  of  the  same  shall  be  placed  at  sucli 
a.  depth  and  position  and  in  such  condition  as  to  not  interfere  with  tho 
tree  use  of  said,  or  any  of  said,  highways,  streets,  alleys,  avenues  or 
public  highways,  such  use  to  be  and  continue  upon  the  terms  and  con- 
ditions hereinafter  stated. 

Sec.  2,  Said  poles  and  wires  shall  be  placed  and  maintained  so 
af^  not  to  interfere  with  the  trade  on  said  highways,  streets,  alleys, 
avenues  or  public  ways;  and  said  company  shall  hold  said  city  free  and 
harmless  from  all  damajres  arising  by  reason  of  such  occupancy.  Said 
poles  shall  be  planed  and  kept  well  and  neatly  painted.  This  grant  is 
made  to  be  enjoyed  subject  to  such  regulations,  resolutions  and  ordi-, 
nances  as  the  City  Council  of  said  city,  or  its  successors,  is  authorized 
and  deems  proper  at  any  time  to  adopt,  and  shall  be  subject  to  thei 
right  of  said  City  Council,  or  its  successors,  at  any  time  when  so 
advised  to  cause  the  said  wires  to  be  placed  under  ground  or  in  a>ny 
other  safe  or  proper  conduit. 

Sec.  3.  The  right  of  use  herein  given  shall  not  be  exclusive,  an.i 
the  City  Council  of  said  city  reserves  the  power  to  grant  a  like  right 
of  way  to  any  othe"  telephone  or  telegraph  company.  The  same,  how- 
ever, not  to  interfere  with  the  reasonable  and  proper  exercise  of  tho 
privileges  herein  granted. 

Sec.  4.  In  consideration  whereof  said  Simset  Telephone  and  Tele- 
graph Company,  its  successors  and  assigns,  shall,  and  by  the  accept- 
ance of  this  Ordinance  does  agree  to  allow  the  City  Council  of  said 
city  to  attach  to  or  suspend  upon  or  from  the  poles  placed  by  said 
company,  or  its  assigns,  in  the  streets,  alleys,  avenues  and  highways 
aforesaid,  any  and  all  wires  which  said  city  may  require  for  the  firo 
alarm  or  police  telegraph  sendee  without  charge  or  cost  to  said  city 
therefor. 

Sec.  5.  That  whenever  said  company  ceases  to  operate  a  tele- 
phone line  in  said  City  of  Stockton  and  ceases  to  use  the  said  poles 
and  lines  herein  provided  for  in  the  operation  of  its  lines  of  telephone, 
then  said  company  shall  remove  the  said  line  and  poles  from  the  streets 
and  alleys  of  said  city  within  sixty  days  from  the  date  that  the  said^ 
company  shall  cease  to  use  and  operate  said  lines. 

Sec.  6.  It  shall  be  lawful  for  said  company,  or  assigns,  to'  make 
all  needful  and  convenient  excavations  in  any  of  the  said  streets, 
alleys,  avenues  and  thoroughfares  in  said  City  of  Stockton  for  the 
purposes  of  erecting  and  maintaining  poles  or  other  supports  for  said 
wires,  or  for  the  purpose  of  laying  down,  maintaining  and  operating 
wires  or  other  conductors  under  ground  for  the  purposes  aforesaid. 
Whenever  said  company,  or  its  successors  or  assigns,  shall  disturb 
any  of  said  streets,  alleys,  avenues  or  public  ways  for  the  purposes 
aforesaid,  it,  or  they,  shall  repair  the  same  and  put  the  same  in  aa 
j^ood  order  and  condition  as  the  same  was  before  so  disturbed  as  soon 
as  possible  ?.nd  without  unnecessary  delay,  and  failing  so  to  do  the 


ORDIN.VNCES.  227 


said  City  Council,  or  its  successors,  or  any  authorized  officer  of  the 
said  City  of  Stockton,  shall  have  the  right  to  immediately  have  the 
same  repaired  and  placed  in  good  order  and  condition  at  the  cost  and 
expense  of  said  company,  its  successors  or  assigns. 

Sec.  7.  Nothing  in  this  Ordinance  shall  be  construed  so  as  to  in 
any  wise  prevent  the  proper  authorities  of  said  City  of  Stockton  from 
sewering,  grading,  paving,  planking,  repairing  or  altering  any  of  the 
•streets,  alleys,  avenues,  thoroughfares  or  public  ways  of  said  city. 

Sec.  8.  And  said  privileges  and  franchises  herein  granted  shall 
continue  and  be  in  force  for  the  period  of  twenty-five  years  from  the 
date  of  the  passage  of  this  Ordinance. 

Sec.  9.  This  Ordinance  shall  bo  of  no  effect  to  vest  the  rights 
and  privileges  herein  granted  unless  the  said  Sunset  Telephone  and 
Telegraph  Company  shall,  within  thirty  days  after  the  passage  hereof, 
file  in  the  office  of  the  City  Clerk  of  the  City  of  Stockton  an  uncon- 
ditional acceptance  of  said  Ordinance. 

Sec.  10.  This  Ordinance  shall  take  effect  from  and  after  its 
passage  and   approval. 

ORDINANCE  No.  55. 

(Being  originally  No.  311,  approved  November  25,  1890.) 

Granting  to  W.  S.  McMurtry,  Jr.,  and  His  Assigns,  the  Right  to  Lay, 
Maintain  and  Operate  Water  Pines  in  the  Streets,  Highways, 
Alleys  and  Other  Public  Places  of  the  City  of  Stockton,  and  to 
Sell   Water  to  the   Inhabitants  Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  of  Stockton  hereby  grants  to  W.  S.  McMurtry, 
Jr.,  and  to  his  assigns,  the  right  and  privilege  of  laying,  maintaining 
and  operating  water  pipes  in  the  streets,  highways,  alleys  and  other 
public  places  of  the  City  of  Stockton,  for  the  purpose  of  supplying 
water  to  the  inhabitants  of  said  city  and  for  a  term  of  twenty-five 
years. 

Sec.  2.  The  aforesaid  grant  or  franchise  is  made  subject  to  all 
the  conditions,  reservations  or  limitations  contained  in  the  Constitution 
and  laws  of  the  State  of  California  or  in  the  Charter  of  the  City  of 
Stockton,  and  upon  condition: 

First — That  the  laying,  maintenance,  repair  and  operation  of  the 
said  water  pipes  shall  be  under  the  reasonable  direction  and  control 
of  the  authorities  of  said  city,  in  accordance  with  the  said  Charter  and 
with  the  Ordinances,  orders  or  resolutions  of  the  said  city  which  may 
136  lawfully  passed  from  time  to  time. 

Second — That  such  laying,  maintenance,  repair  and  operation  of 
said  pipes  shall  be  had  and  done  without  damage  or  injury  to  the 
paving,  planking,  macadamizing  or  other  improvements,  or  unnecessary 
interference  to  the  constant  public  use  of  said  street  or  other  places 
wherein  said  pipes  shall  be  laid,  maintained  or  operated,  or  to  public 
or  private  property  adjacent  or  thereon. 

Sec.  3.  This  grant  or  franchise  is  upon  condition  that  the  woric 
of  laying,  maintaining  or  operating  the  said  water  pipes  shall  be  begun 
in  good  faith  on  or  before  January  1,  L891,  and  that  water  be  supplied 
to  consumers  within  one  vear  from  the  passage  of  this  Ordinance, 
otherwise  this  grant  or  franchise  to  be  null  and  void. 

Sec.  4.  This  Ordinance  shall  take  effect  from  and  after  its  passage 
and  approval. 


228  ORDINANCES. 


OIIDINANCE  No.   S52. 

(Approved   November  10,  1903.)      O.  B.  6—346. 

An  Ordinance  Granting  to  the  American  River  Electric  Company,  Its 
Successors  and  Assigns,  the  Right,  Privilege,  Permission  and  Fran- 
chise to  Construct,  Erect,  Maintain  and  Operate  for  the  Period  of 
Twenty-Five  Years,  Along,  Across  and  Over  the  Streets,  Avenues, 
Alleys,  Lanes,  Places,  Courts  and  Thoroughfares  of  the  City  of 
Stockton,  Poles,  Masts  and  Other  Appliances,  and  to  Lay  Down, 
Maintain  and  Operate  Along  and  Under  the  Said  Streets,  Avenues, 
Alleys,  Lanes,  Places,  Courts  and  Thoroughfares,  Wires  and  Other 
Conductors  of  Electrical  Current,  Underground,  for  the  Trans- 
mission of  Electric  Current,  for  the  Purpose  of  Furnishing  Electrio 
Light  and  Lighting  to  the  City  of  Stockton,  State  of  California, 
and  to  the   Inhabitants  Thereof. 

Whereas,  All  notices  required  hy  law  have  been  duly  given,  and 
all  matters,  acts  and  things  precedent  to  the  granting  of  .the  franchise 
and  privilege  hereinafter  set  forth,  have  heretofore  been  had  and 
performed  in  due  form  of  law:  and, 

"Whereas,  Due  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  by  the  City  Council  of.  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission  and  franchise  is  hereby 
granted  unto  the  American  River  Ellectric  Company,  a  corporation 
organized  and  existing  under  and  by  virtue  of  the  laws  of  the  State  oz 
California,  and  to  its  successors  in  interest  and  assigns,  in  so  far  as  it 
lies  within  the  power  of  the  City  of  Stockton  to  grant  the  same,  to 
use,  for  the  term  of  twenty  -five  years  from  the  date  of  the  passage  of 
this  Ordinance,  the  streets,  avenues,  alleys,  lanes,  places,  courts  and 
thoroughfares  of  the  City  of  Stockton,  County  of  San  Joaquin,  State  of 
California;  and  to  that  end  the  said  American  River  Electric  Company, 
its  successors  in  interest  and  assigns,  in  so  far  as  it  lies  within  the 
power  of  the  City  of  Stockton  to  grant  the  same,  is  hereby  granted 
the  right,  privilege,  permission  and  franchise,  along,  across  and  over 
the  streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares  of 
the  said  City  of  Stockton,  to  construct,  erect,  maintain  and  operate 
such  poles,  masts  and  other  superstructures  as  it  may  deem  necessary, 
and  to  suspend  therefrom  wires  and  other  appliances  to  conduct  and 
transmit  electrical  current  for  the  purpose  of  furnishing  electric  light 
and  lighting  to  the  said  City  of  Stockton,  and  to  the  inhabitants 
thereof;  and  to  lay  down,  maintain  and  operate  along  and  under  the 
said  streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares 
wires  and  other  conductors  of  electrical  current,  underground,  in  sucli 
conduits,  with  manholes,  as  may  be  proper  for  the  purpose  of  construct- 
ing, erecting  and  operating  a  general  electric  lighting  system. 

Sec.  2.  Said  wires,  or  other  conductors  of  electric  current,  shall 
be  strung  or  hung  sufficiently  high,  and  the  poles  shall  be  placed  and 
maintained  so  as  not  to  interfere  with  trade,  traffic  or  travel  on  said 
streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares,  and 
all  wires  and  other  conductors  placed  underground  shall  be  in  safo 
pipes  or  conduits  at  such  depth  and  position  as  not  to  interfere  with 
the  free  use  of  any  of  said  streets,  avenues,  alleys,  lanes,  places,  courts 
and  thoroughfares;  and  said  company,  and  its  successors  and  assigns, 
shall  hold  said  city  free  and  harmless  from  all  damages  arising  by 
reason  of  said  occupancy. 

Sec.  3.     The  erection,  construction  and  placing  of  all  poles,  masta 


ORDINANCES.  229 


■and  other  superstructures,  antl  the  laying  down  of  all  pipes  or  conduits 
for  wires  or  other  concluctors,  shall  be  subiect  to  the  reasonable  direc- 
tion of  the  Superintendent  of  Streets  of  the  said  city,  or  other  officer 
in  control  thereof,  and  under  such  general  regulations  as  the  munici- 
pality may  prescribe  for  damages  and  indemnity  for  damages.  Said 
pipes  and  conduits  shall  be  so  laid  down  as  not  to  interfere  with  or 
obstruct  any  cistern,  sewer  or  water  pipe  belonging  to  said  city,  or  to 
any  other  person,  firm  or  corporation,  now  existing  or  laid  down  by 
authorit}'  of  law. 

Sec.  4.  All  poles  or  masts  shall  be  planed  or  peeled  and.  kept 
well   painted. 

Sec.  5.  Whenever  said  company,  its  successors  in  interest  or 
assigns,  cease  to  operate  said  electric  system  in  said  City  of  Stockton, 
and  cease  to  use  the  r-;aid  poles  and  lines,  herein  provided  for,  in  the 
operation  cf  its  said  system,  then  said  company  shall  remove  said 
poles  and  lines  from  the  streets,  avenues,  alleys,  lanes,  places,  courts 
and  thoroughfares  of  said  city  within  sixty  days  from  the  date  that  said 
<;ompany  shall  cease  to  use  and  opera>te  the  said  system. 

Sec.  6.  It  shall  be  lawful  for  said  company,  its  successors  in 
interest  or  assigns,  to  make  all  needful  and  convenient  excavations  in 
any  of  said  streets,  avenues,  alleys,  lanes,  places,  courts  and  thorough- 
fares in  said  City  of  Stockton,  for  the  purpose  of  erecting  and  main- 
taining ix)les  or  other  supports  for  said  wires,  or  for  the  purpose  of 
laying  down,  maintaining  and  operating  wires  or  other  conductors, 
underground,  for  the  purpose  aforesaid.  Whenever  said  company,  its 
■successors  in  interest  or  assig-ns,  shaJl  disturb  any  of  the  said  streets, 
avenues,  alleys,  lanes,  places,  courts  and  thoroughfares  for  the  purpose 
aforesaid,  it  shall  repair  same  and  put  the  same  in  as  good  order 
and  condition  as  the  same  were  before  being  so  disturbed,  and  without 
unnecessary  delay. 

Sec.  7.  Nothing  in  this  Ordinance  shall  be  construed  so  as  to  in 
anywise  prevent  the  property-owners  of  said  City  of  Stockton  from 
sewering,  grading,  paving,  planking  or  repairing  any  of  the  streets, 
iLvenues,  alleys,  lanes,  places,  courts  and  thoroughfares  of  said  city. 

Sec.  8.  This  Ordinance  shall  be  of  no  effect  to  vest  the  rights 
and  privileges  herein  granted  unless  the  said  company  shall,  within 
thirty  days  after  the  passage  hereof,  file  in  the  office  of  the  City  Clerk 
of  the  Cit}'  of  Stockton  an  unconditional  acceptance  thereof. 

Sec.  9.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  final  passage.         

OEDIXAXCE   Xo.   ass. 

(Approved  December  15,  1903.)     O.  B.  6—374. 

An  Ordinance  Grantinq  to  the  American  River  Electric  Company,  Its 
Successors  and  Assigns,  the  Right,  Privilege,  Permission  and 
Franchise  to  Construct,  Erect,  Maintain  and  Operate  for  the  Period 
of  Twenty-Five  Years.  Along,  Across  and  Over  the  Streets,  Ave- 
nues. Alleys,  Lanes,  Places,  Courts  and  Thoroughfares  of  the  City 
of  Stockton,  Poles,  Masts  and  Other  Appliances,  and  to  Lay  Down, 
Maintain  and  Operate  Along  and  Under  the  Said  Streets.  Avenues, 
Alleys,  Lanes,  Places,  Courts  and  Thoroughfares,  Wires  and  Other 
Conductors  of  Electrical  Cu'^rent,  Underground,  for  the  Transmis- 
sion of  Electrical  Current  for  the  Purpose  of  Furnishing  Electric 
Heat  and  Power  to  the  City  of  Stockton,  State  of  California,  and 
to  the  Inhabitants  Thereof. 
Whereas,  All  notices  required  by  law  have  been  duly  given,  and  all 

matters,  acts  and  things  precedent  to  the  granting  of  the  franchise  and 


230  ORDINANCES. 


privilege  hereinafter  set  forth,  have  heretofore  been  had  and  performed 
in  due  form  of  law;  and. 

Whereas,  Due  compliance  has  been  had  with  all  matters  required 
by  the  Charter  of  the  City  of  Stockton; 

Now,  therefore,  be  it  ordained  b^  the  City  Council  of  the  City  of 
Stockton  as  follows: 

Section  1.  The  right,  privilege,  permission  and  franchise  is  hereby, 
granted  unto  the  American  River  Electric  Company,  a  corporation, 
organized  and  existing  under  and  by  virtue  of  the  laws  of  the  State  of 
California,  and  to  its  successors  in  interest  and  assigns,  in  so  far  as  it 
lies  within  the  power  of  the  City  of  Stockton  to  grant  the  same,  to  use, 
for  the  term  of  twenty-five  years  from  the  date  of  the  passage  of  thi& 
Ordinance,  the  streets,  avenues,  alleys,  lanes,  places,  courts  and  thor- 
oughfares of  the  City  ol  Stockton,  County  of  San  Joaquin,  State  of 
California;  and  to  that  end  the  said  American  River  Electric  Company,, 
its  successors  in  interest  and  assigns,  in  so  far  as  it  lies  within  tne 
power  of  the  City  of  Stockton  to  grant  the  same,  is  hereby  granted  th» 
right,  privilege,  permission  and  franchise,  along,  across  and  over  the 
streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares  of  the 
said  City  of  Stockton,  to  construct,  erect,  maintain  and  operate  such 
poles,  masts  and  other  superstructures  as  it  may  deem  necessary,  and 
to  suspend  therefrom  wires  and  other  appliances  to  conduct  and 
transmit  electrical  current  for  the  purpose  of  furnishing  electric  heat 
and  power  to  the  said  City  of  Stockton,  and  to  the  inhabitants  thereof; 
and  to  lay  down,  maintain  and  operate  along  and  under  the  said  streets^ 
avenueS;  alleys,  lanes,  places,  courts  and  thoroughfares  wires  and  other 
conductors  of  electrical  current,  underground,  in  such  conduits,  with 
manholes,  as  may  be  proper  for  the  purpose  of  constructing,  erecting 
and  operating  a  general  electric  heat  and  power  system. 

Sec.  2.  Said  wires,  or  other  conductors  of  electric  current,  shall 
be  strung  or  hung  sufficiently  high  and  the  poles  shall  be  placed  and 
maintained  so  as  not  to  interfere  with  trade,  traffic  or  travel  on  said 
streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares,  and,  all 
wires  and  other  conductors  placed  underground  shall  be  in  safe  pipes  or 
conduits  at  such  depth  and  position  as  not  to  interfere  with  tlie  free 
use  of  any  of  said  streets,  avenues,  alleys,  lanes,  places,  courts  and 
thoroughfares;  and  said  company,  and  its  successors  and  assigns,  shall 
hold  said  city  free  and  harmless  from  all  damages  arising  Dy  reason  of 
said  occupancy. 

Sec.  3.  The  erection,  construction  and  placing  of  all  poles,  masts 
and  other  superstructures,  and  the  laying  down  of  all  pipes  or  conduitti 
for  wires  or  other  conductors,  shall  be  subject  to  the  reasonable  direc- 
tion of  the  Superintendent  of  Streets  of  the  said  citj%  or  other  officer  iu 
control  thereof,  and  under  such  general  regulations  as  the  municipality, 
may  prescribe  for  damages  and  indemnity  for  damages.  Said  pipes  and 
conduits  shall  be  so  laid  down  as  not  to  interfere  with  or  obstruct  any 
cistern,  sewer  or  water  pipe  belonging  to  said  city  or  to^  any  other 
person,  firm  or  corporation,  now  existing  or  laid  down  by  authority  of 
law. 

Sec.  4.  All  poles  or  masts  shall  be  planed  or  peeled  and  kept  well 
painted. 

Sec.  5.  Whenever  said  company,  its  successors  in  interest,  or 
assigns,  cease  to  operate  said  electric  heat  and  power  system  in  said 
City  of  Stockton  and  cease  to  use  the   said  poles  and  lines,  hereitt 


ORDINANCES.  231 


provided  for,  in  the  operation  of  its  said  system,  then  said  company 
shall  remove  said  poles  and  lines  from  the  streets,  avenues,  alleys., 
lanes,  places,  courts  and  tliorcushfares  of  said  city  within  sixty  days 
from  the  date  that  said  company  shall  cease  to  use  and  operate  the  said 
system.  . 

Sec.  6.  It  shall  be  lawful  for  said  companj'-,  its  successors  in  inter- 
est or  assigns,  to  make  all  needful  and  convenient  excavations  in  any 
of  said  streets,  avenues,  alleys,  lanes,  places,  courts  and  thoroughfares 
in  said  City  of  Stockton  for  the  purpose  of  erecting  and  maintaining 
poles  or  other  supports  for  said  wires,  or  for  the  purpose  of  laying  down, 
maintaining  and  operating  wires  or  other  conductors,  underground, 
lor  the  purpose  aforesaid.  Whenever  said  company,  its  successors  or 
assigns,  shall  disturb  any  of  the  said  streets,  avenues,  alleys,  lanes, 
places,  courts  and  thoroughfares,  for  the  purpose  aforesaid,  it  shall 
repair  same  and  put  the  same  in  as  good  order  and  condition  as  the 
same  were  before  being  so  disturbed,  and  without  unnecessai'y  delay. 

Sec.  7.  Said  grantee,  or  its  successors  and  assigns,  shall,  during 
the  life  of  said  franchise,  pay  to  the  said  City  of  Stockton  2  per  cent  of 
the  gross  annual  receipts  of  said  grantee,  its  successors  or  assigns, 
arising  from  the  use,  operation  and  possession  or  said  franchise.  No 
such  or  any  percentage  shall  be  paid  for  or  during  the  first  five  years 
next  succeeding  the  date  of  the  said  franchise,  but  thereafter  such 
percentage  shall  be  payable  annually. 

Sec.  8.  Nothing  in  this  Ordinance  shall  be  construed  so  as  to  in 
anywise  prevent  the  property-owners  of  said  City  of  Stockton  from 
sewering,  grading,  paving,  planking  or  repairing  any  of  the  streets, 
avenues,  alleys,  lanes,  places,  courts  and  thoroughfares  of  said  city. 

Sec.  9.  This  Ordinance  shall  be  of  no  effect  to  vest  the  rights  and 
privileges  herein  granted  unless  the  said  company  shall,  within  thirty 
days  after  the  passage  hereof,  file  in  the  office  of  the  City  Clerk  of  the 
City  of  Stockton  an  unconditional  acceptance  thereof. 

Sec.  10.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  final  passage. 

ORDINANCE  No.   449. 

(Approved  October  8,  1907.)     O.  B.  7—163. 

Granting  to  the  Atchison,  Topeka  and  Santa  Fe  Railway  Company, 
a  franchise  for  a  spur  track  on  Taylor  street,  crossing  California  street, 
running  into  Yolland  &  Co.'s  warehouse. 


FREE    PUBLIC   LIBRARY. 


An   Act  to   Provide  for  the   Establishment  and   Maintenance   of  Public 

Libraries  Within  Municipalities. 

(Stats.  1901,  557,  ch.  CLXX;   amended  1905,  296,  cli.  CCXCII.) 

Section  1.  The  Common  Council,  Board  of  Trustees,  or  other  legis- 
ja-tive  body  of  any  incorporated  city  or  town  in  the  State  of  California, 
may,  and  upon  being  requested  to  do  so  by  one-fourth  of  the  electors 
of  such  municipal  corporation  in  the  manner  hereinafter  provided, 
must,  by  ordinance,  establish  in  and  for  said  municipality  a  public 
library;  provided,  there  be  none  already  established  therein. 

Sec  2.  The  request  referred  to  in  the  preceding  section  may  be 
by  a  single  petition,  or  by  several  petitions;  provided,  that  such  several 
petitions  be  substantially  in  the  same  fomi,  and  that  such  single 
petition  has,  or  such  several  petitions  in  the  aggregate  have,  the  signa- 
tures of  the  requisite  number  of  electors. 

Sec.  3.  Such  public  library  shall  be  managed  by  a  Board 
designated  as  the  Board  of  Library  Trustees,  consisting  of  five 
members,  to  be  appointed  by  the  Mayor,  President  of  the  Board  of 
Trustees  or  other  executive  head  of  the  municipality,  by  and  with  the 
consent  of  the  legislative  body  of  said  municipality.  Such  Trustees 
shall  severally  hold  office  for  three  years,  serving  without  compensa- 
tion; provided,  that  the  members  of  the  first  Board  appointed  shall 
so  classify  themselves  by  lot  that  one  of  their  number  shall  go  out  of 
office  at  the  end  of  the  current  fiscal  year,  two  at  the  end  of  one  year 
thereafter,  and  the  other  two  at  the  end  of  two  years  thereafter.  Men 
and  women  shall  be  equally  eligible  to  such  appointment,  and  vacan- 
cies shall  be  filled  by  appointment  for  the  unexpired  term  in  the  same 
manner. 

Sec.  4.  Boards  of  Library  Trustees  shall  meet  at  least  once  a 
month  at  such  times'and  places  as  they  may  fix  by  resolution.  Special 
meetings  may  be  called  at  any  time  by  three  Trustees,  by  written 
notice  served  upon  each  member  at  least  three  hours  before  the  time 
specified  for  the  proposed  meeting.  A  majority  of  the  Board  shall 
constitute  a  quorum  for  the  transaction  of  business.  Such  Boards 
shall  appoint  one  of  their  number  President,  who  shall  serve  for  one 
year  and  until  his  successor  is  appointed,  and  in  his  absence  shall 
select  a  President  pro  tempore.  Such  Boards  shall  cause  a  proper 
record  of  their  proceedings  to  be  kept  and  at  the  first  meeting  of  the 
Board  of  Trustees  of  any  library  formed  under  the  provisions  of  this 
Act,  it  must  immediately  upon  organization  cause  to  be  made  out  and 
filed  with  the  State  Librai-ian  at  Sacramento,  a  certificate  showing 
that  such  library  has  been  established,  with  the  date  thereof,  the 
names  of  the  Trustees  and  of  the  officers  of  the  Board  chosen  for  the 
first  year.     [Amendment,  Stats.  1905,  296.] 

Sec.  5.     Boards  of  Library  Trustees  shall  have  power: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws 
necessary  for  the  administration,  govemm.ent  and  protection  of  the 
libraries  under  their  management,  and  all  property  belonging  thereto. 

Second — To  administer  anj-  trust  declared  or  created  for  such 
libraries,  and  receive  by  gift,  devise,  or  bequest  and  hold  in  trust  or 


ORDINANCES.  23? 


■otherwise,  property  situated  in  this  State  or  elsewhere,  and  where  not 
othei-wise  provided,  dispose  of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  Librarian,  Secre- 
tary and  other  officers  and  employes  of  any  such  libraries;  to  determiae 
the  number  of  and  appoint  all  such  officers  and  employes,  and  fix 
their  conrpensation,  which  said  officers  and  employes  shall  hold  their 
offices  or  positions  at  the  pleasure  of  said  Boards. 

Fourth — To  purchase  necessarj'-  books,  journals,  publications  and 
other  personal  property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and 
■equip,  such  building  or  buildings,  room  or  rooms,  as  may  be  necessary, 
when  in  their  judgment  a  suitable  building,  or  portion  thereof,  has  not 
been  provided  by  the  legislative  body  of  the  municipality  for  such 
libraries. 

Sixth — To  require  the  Secretary  of  State  and  other  State  officials 
to  furnish  such  libraries  with  copies  of  any  and  all  reports,,  laws  and 
other  publications  of  the  State  not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the 
same  with  other  libraries,  and  to  allow  non-residents  to  borrow  books 
upon  such  conditions  as  they  may  prescribe. 

Eighth — To  do  and  perform  any  and  all  other  acts  and  things 
necessary  or  proper  to  carry  out  the  provisions  of  this  Act. 

Sec.  6.  Boards  of  Library  Trustees  shall,  on  or  before  the  last  day 
of  July  in  each  year,  make  a  report  to  the  legislative  body  of  their 
municipality,  giving  the  condition  of  the  library  on  the  thirtieth  day 
of  June  preceding,  together  with  a  statement  of  their  proceedings 
for  the  year  then  ended,  and  must  immediately  upon  the  publicatioa 
of  such  report,  forward  a  copy  thereof  for  filing  to  the  State  Library 
at  Sacramento.     [Amendment;  Stats.  1905,  296.] 

Sec.  7.  The  legislative  body  of  any  municipality  in  which  ■  a 
public  library  has  been  established  in  accordance  with  this  Act,  shall 
in  making  the  annual  tax  levy  and  as  part  thereof,  if  the  maintenance 
of  the  library  has  not  been  otherwise  provided  for,  levy  a  tax  for  the 
purpose  of  maintaining  such  library  and  purchasing  property  necessary 
therefor,  which  tax  shall  be  in  addition  to  other  taxes,  the  levy  of 
which  is  permitted  in  the  municipality;  provided,  that  after  two  years 
from  the  passage  of  this  Act  as  to  existing  libraries  and  after  two 
years  from  the  establishment  of  new  libraries  thereunder,  where  a 
maintenance  corresponding  thereto  has  not  been  otherwise  provided, 
in  municipalities  of  the  fxrst,  second  and  third  classes,  such  tax  levy 
shall  not  exceed  one  mill  on  the  dollar  of  assessed  valuation,  and  in 
municipalities  of  the  fourth,  fifth  and  sixth  classes  such  levy  shall 
not  exceed  two  mills  on  the  dollar  of  assessed  valuation. 

Sec.  8.  The  revenue  derived  from  said  tax,  together  with  aU 
money  acquired  by  gift.,  devise,  bequest,  or  otherwise,  for  the  purpose's 
of  the  library,  shall  be  apportioned  to  a  fund  to  be  designated  the 
library-  fund,  and  be  applied  to  the  purposes  herein  authorized.  It 
such  payment  into  the  treasury  should  be  inconsistent  with  the  con- 
ditions  or  terms  of  any  such  gift,  devise  [or]  bequest,  the  Board  shall 
provide  for  the  safety  and  preservation  of  the  same,  and  the  applica'- 
rion  thereof  to  the  use  of  the  library,  in  accordance  with  the  terms 
and  conditions  of  such  gift,  devise  or  bequest.  Pajinents  from  said 
fund  shall  be  made  in  the  manner  provided  for  the  payment  of  other 
de^mands  against  the  municipality;   provided,  that  demands  upon  said 


234  ORDINANCES. 


fund  shall  be  presented  to  the  Board  of  Library  Trustees  for  allowance 
rather  than  to  the  legislative  or  other  body  of  the  municipality. 

Sec.  9.  Every  library  established  under  this  Act  shall  be  forever 
free  to  the  inhabitants  and  non-resident  taxpayers  of  the  municipality, 
subject  always  to  such  rules,  regulations  and  by-laws  as  may  be 
made  by  Boards  of  Library  Ti-ustees;  and  provided,  that  for  violations 
of  the  same  a  person  may  be  fined  or  excluded  from  the  privileges 
of  the  library. 

Sec.  10.  Boards  of  Library  Trustees  and  the  legislative  bodies,  of 
neighboring  municipalities  or  Boards  of  Supervisors  of  the  counties 
in  which  public  libraries  are  situated,  may  contract  for  lending  the 
books  of  such  libraries  to  residents  of  such  counties  or  neighboring 
municipalities,  upon  a  reasonable  compensation  to  be  paid  by  such 
counties  or  neighboring  municipalities. 

Sec.  11.  The  title  to  all  property  acquired  for  the  purposes  of 
such  libraries,  when  not  inconsistent  with  the  terms  of  its  acquisition, 
or  otherwise  designated,  shall  vest  in  the  municipalities  in  which  such 
libraries  are,  or  are  to  be,  situated,  and  in  the  name  of  the  municipal 
corporations  may  be  sued  for  and  defended  by  action  at  law  or  other- 
wise. 

Sec.  12.  An  Act  entitled  "An  Act  to  establish  free  public  libraries 
and  reading-rooms,"  approved  April  26,  1880,  is  hereby  repealed;  pro- 
vided, that,  as  to  existing  libraries  this  Act  is  to  be  deemed  a  con- 
tinuation thereof,  and  such  libraries  shall  be  governed  hereby  accord- 
ingly; provided,  however,  that  this  Act  shail  have  no  application  to 
any  library  established  or  governed  by  the  provisions  of  a  City  Charter, 
and  the  provisions  of  any  City  Charter  shall  in  no  manner  be  affected 
by  this  Act. 

Sec.  13.  Any  Ordinance  establishing  a  library  adopted  under  the 
provisions  of  Section  1  of  this  Act  may  be  repealed  by  the  body  which 
adopted  the  same  upon  being  requested  to  do  so  by  one-fourth  of  the 
electors  of  such  municipal  corporation,  in  the  manner  provided  in 
Section  2  of  this  Act,  and  upon  the  repeal  of  such  Ordinance  such 
library  shall  be  disestablished  in  such  municipal  corporation. 

Sec.  11.     This  Act  shall  take  effect  immediately. 


ORDINANCE  No.  96. 

(Approved   October  25,   1892.) 

Accepting  the  Trust  Confided  to  the  City  of  Stockton  by  the  Last  Wilf 
of  W.  P.  Hazelton  (Deceased),  Providing  for  the  Execution  of  Such 
Trust,  and  Setting  Apart  and  Dedicating  Certain  Property  for  the 
Erection  of  the  Library  Building  to  Be  Erected  Under  the  Pro- 
visions of  Said  Will. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  a» 
follows: 

Section  1.  The  trust  confided  to  the  City  of  Stockton  by  the  last 
■will  of  W.  P.  Hazelton  (deceased)  be  and  the  same  is  hereby  accepted 
by  said  city. 

Sec.  2.  The  sum  of  $76,000  bequeathed  under  said  will  ajid  paid 
to  said  city,  and  which  is  now  in  the  hands  of  the  City  Treasurer,  be 
and  the  same  is  hereby  distributed  as  follows,  to-wit: 

The  sum  of  $3,500  thereof  (vrhich  sum  was  incurred  by  said  city  as 
costs  in  procuring  the  said  sum  bequeathed)  be  and  the  same  is  hereby 
ordered  and  directed  to  be  refunded  to  said  city,  and  the  same  shall 


ORDINANCES.  235- 


l>eloiig  to  and  be  paid  into  the  Library  Fund  of  said  city;  the  sum  of 
.$15,000  shall  belong  to  and  be  known  and  designated  as  the  "Hazelton 
Library  Fund;"  the  sum  of  $56,500  shall  belong  to  and  be  known  and 
designated  as  the  "Hazelton  Library  Building  Fund,"  and  the  sum  of 
$1,000  shall  belong  to  and  be  known  and  designated  as  the  "Hazelton 
School  Medal  Fund,"  and  the  said  moneys  distributed  to  the  said 
"Hazelton  Library  Fund,"  the  said  "Hazelton  Library  Building  Fund,'*^ 
and  the  said  "Hazelton  School  Medal  Fund"  shall  be  kept  in  the  City 
Treasury  separate  and  apart  from  other  funds,  and  be  drawn  upon  and 
against  as  hereinafter  provided,  but  only  to  be  used  and  applied  to  the 
i)urposes  by  this  Ordinance  authorized. 

Sec.  3.  The  five  Trustees  of  the  Free  Public  Library  of  the  City 
of  Stockton,  which  said  Free  Public  Library  was  established  in  said 
city  under  and  in  pursuance  of  an  Act  of  the  Legislature  of  this  State, 
entitled  "An  Act  to  establish  Free  Public  Libraries  and  Reading 
Rooms,"  approved  April  26,  ISSO,  are  hereby  entrusted  with  and  tO' 
them  is  hereby  confided  the  execution  of  the  trust,  so  far  as  the  same 
relates  to  the  bequest  of  said  W.  P.  Hazelton  for  books  for  the  library 
and  the  construction  of  the  library  building,  subject,  however,  to  the 
provisions,  restrictions  and  limitations  herein  contained. 

And,  for  the  purpose  of  carrying  out  the  said  trust  under  said  will, 
as  to  the  purchase  of  books  for  the  library  and  construction  of  the 
library  L>mlding,  said  Trustees  shall  be  styled  the  "Executive  Board  of 
the  Hazelton  Library  Bequest;"  and  so  long  as  there  shall  or  may  be 
any  money  in  the  said  "Hazelton  Library  Fund"  and  the  said  "Hazelton 
Library  Building  Fund,"  or  either,  said  Executive  Board  shall  perform 
the  duties  and  exercise  the  powers  and  authorities  which  are  by  this 
or  future  Ordinances  or  resolutions  imposed  and  conferred  upon  them.. 
The  present  Trustees  of  said  Free  Public  Linrarj-  shall  hold  their 
office  as  the  Executive  Board  of  the  "Hazelton  Librar>^  Bequest,"  until 
the  first  Monday  in  June,  1893,  and  until  their  successors  shall  hav& 
been  duly  elected  and  qualified,  and  on  said  last  named  date  and  there- 
after annually,  on  the  first  Monday  in  June  of  each  year,  the  City  Coun- 
cil of  the  City  of  Stockton  shall  elect  the  then  existing  and  duly  quali- 
fied Trustees  of  said  Free  Public  Library  as  the  "Executive  Board  of  the 
Hazelton  Library  Bequest;"  such  Executive  Board  shall  hold  office  for 
one  year  and  until  their  successors  shall  have  been  duly  elected  and 
qualified  as  such. 

Sec.  4.  The  office  of  the  Executive  Board  of  the  Hazelton  Bequest 
shall  be  honorary,  without  salary  or  other  compensation;  and  when- 
ever any  member  of  the  said  Executive  Board  shall  cease  to  be  a  Trus- 
tee  of  said  Free  Public  Library,  he  shall  cease  to  be  a  member  of  said 
Elxecutive  Board.  And  should  a  vacancy  in  the  office  of  such  Executive 
Board  occur,  the  City  Council  shall  elect  to  such  vacancy  the  person 
who  shall  have  been  elected  or  appointed  to  fill  such  vacancy  under  the 
said  "Act  to  establish  Free  Public  Libraries  and  Reading  Rooms." 

Sec.  5.  The  present  Trustees  of  said  Free  Public  Library  and 
their  successors  as  such  shall,  before  they  enter  upon  their  duties  as 
such  Executive  Board  of  the  Hazelton  Library  Bequest,  take  and  sub- 
scribe the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or 
affirm,  as  the  case  may  be)  that  I  will  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  California,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of  the  Executive 
Board  of  Trustees  of  the  Hazelton  Library  Bequest,  according  to  the 
best  of  my  ability."  And  thereupon  said  oath  or  affirmation  shall  be 
Uled  with  the  City  Clerk. 


236  ORDINANCES. 


Sec.  6.  For  thcr  purpose  of  carrying  out  the  intention  of  the  said 
testator,  W.  P.  Ha^elton  (deceased),  as  provided  by  item  i  of  his 
•will,  there  shall  be  erected  and  constructed,  to  be  paid  for  out  of  said' 
"'Hazelton  Library  Building  Fund."  a  building  to  be  used  for  the  Public 
Library  and  Reading  Room  mentioned  in  the  said  will. 

Said  building  to  be  so  arranged  that  its  use  shall  be  for  library 
and  reading  purposes  only. 

It  shall  be  erected  and  constructed  on  the  northeast  corner  of 
Market  and  Hunter  streets,  in  the  City  of  Stockton,  on  lots  2  and  4, 
block  12,  east;  and  if  said  Executive  Board  shall  deem  it  advisable  to 
make  changes  and  alterations  in  the  present  library  building  to  such  aii 
extent  as  will  blend  and  incorporate  the  same  into  and  with  said  new 
building  to  be  erected  under  this  Ordinance,  full  power  and  authority 
is  hereby  given  to  the  said  Executive  Board  and  the  Ttnstees  of  the 
Stockton  Free  Public  Library  so  to  do.  But  full  recognition  shall  be 
given  to  the  memory  of  Frank  Stewart  (deceased). 

And  to  more  fully  carry  out  the  provisions  of  this  Ordinance  there- 
is  hereby  set  apart  and  dedicated  for  the  use  of  the  said  library  bull  a- 
ing  to  be  erected  and  constructed  under  this  Ordinance  all  that  part  of 
lots  2  and  4,  block  1?,  east  (forming  the  corner  of  said  Hunter  and 
Market  streets),  which  has  a  frontage  of  80  feet  on  Market  street  and  a 
frontage  of  50%  feet  on  Hunter  street. 

Sec.  7.  The  said  Executive  Board  is  hereby  authorized  and  em- 
powered as  follows,  to-wit: 

First — To  have  plans  and  specifications  for  the  said  proposed 
Library  Building  prepared,  the  same  to  be  in  accord  with  the  provisionjj 
mentioned  in  the  foregoing  Section  6  and  their  best  judgment  in  the 
premises,  and  to  adopt  the  same,  subject,  however,  to  the  approval  of 
the  City  Council  and  said  Executive  Board  sitting  in  joint  council;  and 
upon  the  adoption  and  approval  of  the  said  plans  and  specifications  in. 
manner  aforesaid  to  have  said  Library  Building  erected  and  con- 
structed, and  the  presep.t  Library  Building  changed  and  altered  in 
accordance  with  such  pl:?ns  and  specifications,  so  as  to  fully  carry  out 
the  provisions  of  this  Ordinance. 

And  in  causing  the  erection  and  construction  of  said  building  and 
the  change  and  alteration  of  the  present  Library  Building,  the  said 
Executive  Board  is  hereby  directed  to  let  the  contract  for  such  erection, 
construction,  change  and  alteration  in  accordance  with  the  plans  and 
specifications  as  approved  as  aforesaid  to  the  lowest  resix>nsible  bid: 
der;  and,  upon  the  acceptance  of  the  bid,  to  enter  into  a  contract 
therefor  with  the  contractor,  on  behalf  of  the  City  of  Stockton,  by  thena 
to  such  Executive  Board;  to  have  such  conditions  and  such  penalties 
inserted  in  such  contract  as  they  may  determine  upon  and  deem 
proper,  and  have  the  said  contract  accompanied  by  a  good  and  sufficient 
bond,  to  be  signed  by  two  sureties,  in  order  to  insure  a  faithful  and 
.prompt  performance  of  said  contract. 

And  should  said  Executive  Board  thereafter  conclude  to  make  anV 
changes  or  alterations  in  the  said  plans  and  specifications  as  to  certain 
parts  thereof,  and  any  changes  or  alterations  in  the  said  buildings, 
power  and  authority  is  hereby  given  to  them  in  the  said  matters: 
But  no  changes  of  any  kind  shall  be  made  which  affect  the  el evatioti 
and  outward  appearance  of  said  new  Library  Building  without  a  pre- 
vious consent  thereto  from  the  City  Council.  ' 

The  said  EJxecutive  Ba.ord  shall  assume  the  genei-al  management 
-and  supervision  of  the  erection  of  said  building  till  its  completion,  and 


ORDINANCES.  237 


they  are  hereby  charged  v:ith  the  duties  and  responsibility  of  seeing 
that  the  said  building:  is  being  erected  in  full  compliance  with  sail 
contract. 

Second — To  make  purchases  of  such  books  and  publications  for 
said  Library,  from  time  to  time,  as  said  Executive  Board  may  deem 
advisable;  and  to  purchase  such  fixtures  and  furniture  for  and  equip 
said  Library  Building  in  such  manner  as  they  may  deem  necessary 
and  suitable.  It  is,  however,  expressly  provided  that  in  the  procuring 
of  said  plans  and  specifications  and  the  erection  and  construction  of 
said  new  Library  Building  and  the  making  changes  and  alterations 
in  the  present  Library  Building,  and  the  purchasing  such  fixtures 
and  furniture  and  equipping  such  Library  Building  (save  and  except 
for  such  books  and  literature),  said  Executive  Board  shall  not  incur  a 
greater  expenditure  than  the  sum  of  $56,500. 

Third — To  order  the  drawing  and  payment,  upon  properly  authen- 
ticated vouchers,  duly  certified  by  said  Executive  Board  or  a  majority 
of  the  members  of  said  Executive  Board,  of  money  from  out  of  the  said 
"Hazelton  Library  Fund"  and  said  "Hazelton  Library  Building  Fund" 
for  any  liability  or  expenditure  in  the  construction  of  said  new  Library 
Building  and  the  changes  and  alterations  in  the  present  Library  Build- 
ing, in  the  purchase  of  fixtures  and  furniture  and  the  equipment  of  said 
building,  said  books  and  publications  and  other  matters  herein  author-^ 
ized,  and  generally  to  do  all  that  which  may  be  necessary  to  fully  carry 
into  effect  the  provisions  of  this  Ordinance;  and  all  orders  and  de- 
mands of  said  Exectitive  Board,  or  a  majority  of  the  members  com- 
prising said  Executive  Board,  when  duly  made  and  authenticated  as 
above  provided,  shall  be  verified  and  audited  by  the  Board  of  Audit 
of  this  city,  in  the  manner  provided  by  Section  41  of  the  City  Charter,, 
and  thereafter  paid  by  the  Treasurer  of  this  city  in  this  manner, 
namely;  All  claims  and  demands  for  books,  publications  and  other 
matters  of  literature  out  of  said  "Hazelton  Library  Fund;"  and  all 
claims  and  demands  connected  with  the  costs  and  expenditures  incurred 
in  any  of  said  changes  and  alterations,  and  for  the  erection  and  con- 
struction of  said  Library  Building,  for  procuring  said  plans  and  speci- 
fications, and  for  the  fixtures,  furniture  and  equipment  of  said  buildinr-c, 
out  of  said  "Hazelton  Library  Building  Fimd."  And  the  said  Executive 
Board  and  said  Board  of  Audit  and  said  Treasurer  shall  keep  full  entry 
and  record  of  all  the  said  claims  and  demands  allowed  and  paid. 

Fourth — The  said  Executive  Board,  in  the  performance  of  their 
duties  herein  imposed  and  in  the  exercise  of  the  powers  and  authorities 
herein  conferred,  shall  perform  such  duties  and  exercise  such  powers 
and  authorities  in  the  same  mode  and  manner  as  is  required  of  Trus- 
tees of  the  Free  Public  Library,  under  the  said  Act  establishing  Free 
Public  Libraries  and  Reading  Rooms. 

Sec.  8.  The  sum  of  $1,000  herein  provided  as  distributed  to  the 
"Hazelton  School  Medal  Fund"  shall  be  managed  and  controlled  by 
the  Board  of  Education  of  this  city,  with  ix)wer  to  draw  the  same 
from  the  City  Treasurer  and  invest  and  hold,  the  same  as  a  fund  in 
perpetuity,  and  use  the  income  of  same  for  providing  silver  prizQ 
medals  and  award  the  ?ame  annually  to  the  most  deseiwing  of  t^e 
scholars  attending  the   public  schools  of  this  city. 

The  first  prize  awarded  in  each  school  shall  be  for  general  good 
behavior,  and  the  medals  shall  be  stamped  with  appropriate   devices 


238  ORDINANCES. 


designating  the  "Hazelton  School  Medal.'  T"he  first  award  shall  be 
made  at  or  near  the  close  of  the  school  year  in  the  year  1894,  and; 
thereafter  at  the  same  time  during  each  and  every  year  thereafter 
following.  The  said  Board  shall  annually  render  to  the  City  Council 
a  full  report  of  their  action  in  the  premises,  the  manner  in  which  said 
lund  is  invested,  the  income  derived  from  said  fund,  the  medals  an* 
the  number  of  the  same  obtained  in  and  by  such  income,  and  tho 
names  of  the  scholars  to  whom  and  the  time  when  such  medals  wera 
distributed  for  and  in  the  year  next  preceding  such  report.  And  it 
is  hereby  made  the  duty  of  said  Board  of  Education  to  carry  out  the 
full  intention  of  the  testator,  W.  P.  Hazelton  (deceased),  as  expressed- 
in  and  by  item  5  of  his  will. 


THE    HAZELTON     BEQUEST. 

"Item  4.  Remembering  with  dutiful  regard  the  community  where 
success  first  rewarded  my  efforts  in  the  accumulation  of  wealth,  an! 
wishing  to  bestow  some  proper  memento  of  the  esteem  with  which 
I  have  ever  regarded  those  who  were  so  long  my  respected  neighbors 
and  friends,  I  give  and  bequeath  to  the  City  of  Stockton,  State  of 
California,  the  sum  of  seventy -five  thousand  ($75,000)  dollars  in  trust, 
to  be  used  and  appropriated  as  follows: 

"First — The  sum  of not  to  exceed  one-half  of  the  amount 

of  this  bequest  to  be  used  in  the  purchase  of  books  for  a  public  library. 

"Second — The  sum  of or  remainder  of  this  bequest  after 

providing  for  the  purchase  of  said  books  to  be  used  in  the  construction 
of  a  suitable  building,  to  be  centrally  located  in  said  City  of  Stockton, 
for  a  public  librarj-  and  reading  room,  which  shall  be  forever  free  to 
all  orderly  persons  residing  in  said  city;  subject,  however,  to  such 
])roper  regulations  as  may  from  time  to  time  be  established  by  a 
Board  of  Managers  of  said  library,  said  Board  of  Managers  to  consist 
of  five  persons  residents  of  said  City  of  Stockton,  to  be  duly  chosen 
by  the  Mayor  and  Board  of  Aldermen  of  said  city,  one  or  more  of  said 
managers  to  be  chosen  annually. 

"Item  5.  Remembering  the  time  when  I  was  a  child,  and  appre- 
ciating the  value  which  children  attpxh  to  the  marks  of  approbation 
bestowed  upon  them  by  their  elders,  and  believing  that  such  rewards 
of  merit  stimulate  the  youthful  mind  to  greater  activity  in  the  acqui- 
sition of  useful  knowledge,  it  is  my  wish  as  one  of  the  pioneer  teachers 
of  the  Cit}'  of  Stockton,  State  of  California,  that  there  shall  be  an 
annual  award  of  prizes  to  the  most  deserving  of  the  scholars  attending 
the  public  schools  of  said  citj-.  To  secure,  therefore,  the  object 
JEvOught,  I  give  and  bequeath  to  the  said  City  of  Stockton  the  sum  of 
one  thousand  ($1,000)  dollars  in  tnist,  to  be  invested'  and  held  as  a 
lund  in  perpetuity,  the  income  from  which  shall  be  for  the  providing 
of  silver  prize  medals  to  be  awarded  to  the  most  deserving  of  tae 
scholars  attending  the  public  schools  of  said  city.  The  first  prize 
awarded  in  each  school  to  be  for  general  good  behavior,  said  medals- 
to  be  stamped  with  appropriate  devices  and  designated  'Hazelton 
School  Medal.'" 

[From  will  of  William  P.  Hazelton  (deceased),  resident  at  the  time 
of  his  death  at  Stuyvesaut,  Columbia  County,  New  York.] 


ORDINANCES.  23!) 


ORDINANCE   No.   ai4. 

(Approved  April  23,  1902.)     O.  B.  6—176. 

Grantirrg,    Donating    and    Setting    Apart    Certain  Real     Property    for 

Public    Library    Purposes,    and    Providing    for  the    Conveyance    of 

Certain     Real     Property    to    the    Trustees    of  the    Stockton    Free 
Public   Library. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Tliat,  whereas,  this  Council  has  heretofore  granted, 
donated,  set  apart  and  dedicated  for  Public  Library  purposes  the  fol- 
lowing-described real  property,  to-wit:  The  north  one-half  and  the  west 
■eighty  (80)  feet  of  the  south  one-half  of  lots  two  (2)  and  four  (4),  in 
block  number  twelve  (12),  east  of  Center  street,  in  the  City  of  Stock- 
ton; such  granting,  donating,  setting  apart  and  dedicating  is  hereby 
confirmed,  and  the  Mayor  and  City  Clerk  are  hereby  authorized, 
empowered  and  directed  to  execute  and  deliver  a  proper  deed  and 
conveyance  of  the  same  to  Fred  M.  West,  George  F.  Buck,  W.  C. 
Ramsey,  Frank  D.  Nicol  and  Frank  H.  Smith,  as  Trustees  of  the 
Stockton  Free  Public  Library,  and  their  successors  in  office,  forever, 
for  the  Public  Library  purposes. 

Sec.  2.  That  the  following-described  real  property,  to-wit:  The 
east  twenty-one  (21)  feet  of  the  south  one-half  of  lot  four  (4)  and  all 
of  lot  six  (6),  in  block  number  twelve  (12),  east  of  Center  street,  in 
the  City  of  Stockton,  be  and  the  same  is  hereby  granted,  donated  and 
set  apart  to  Fred  M.  West,  George  F.  Buck,  W.  C.  Ramsey,  Frank  D. 
Nicol  and  Frank  H.  Smith,  as  Trustees  of  the  Stockton  Free  Public 
Library,  and  to  their  successors  in  office,  forever,  for  the  Public  Library- 
purposes;  and  the  Mayor  and  City  Clerk  are  hereby  authorized, 
empowered  and  directed  to  execute  and  deliver  a  proper  deed  and 
conveyance  of  said  real  property  to  said  Trustees  for  Public  Library 
purposes. 


PENAL. 


OKDINANOE  No.  53. 

(Being  originally  No.  324,  approved  March  31,  1891,  as  amended.) 

Relating  to  the  Offense  of  Misdemeanor;  Specifying  Acts  and  Omis- 
sions Wliich,  Within  the  City  of  Stockton,  Constitute  the  Same  and 
Fixing  the  Penalties  Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

One — Concealed  Weapons,  Burglars'  Tools. 

Section  1.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  not  being  a  peace  ofllcer  or  actually  prosecuting 
a  journey  to  or  from  the  town,  city  or  county  of  his  residence,  to  wear 
or  carry  concealed  about  his  person  any  pistol,  dirk,  bowie-knife, 
slungshot,  sand-club,  metallic  knuckles  or  any  other  deadly  or  danger- 
ous weapon,  except  he  first  have  a  written  permit  to  so  dO'  from  the 
Mayor  of  the  City  of  Stockton. 

2.  For  any  person  not  being  a  peace  officer  to  have  in  his  pos- 
session a  picklock,  jimmy,  skeleton  key,  key  to  be  used  with  bits, 
burglars'  nippers  or  any  other  burglars'  tools  or  burglars'  instrument, 
unless  such  possession  be  shown  to  be  innocent  or  for  a  lawful  purpose. 

Two — Firearms,    Fireworks,    Etc. 

Sec.  2.     It  shall  be  unlawful  and  a  misdemeanor  for  any  person: 

1.  To  fire  or  discharge  any  pistol,  gim,  rifle,  firearm,  cannon, 
anvil  loaded  with  powder,  bow,  airgun,  or  other  device  whereby  a  shot, 
oiillet  or  other  dangerou.s  missile  is  projected  within  the  corpoi'ato 
limits  of  the  City  of  Stockton:  provided,  that  with  the  permission  of 
the  Mayor  first  had,  cannon  or  anvils  may  be  discharged  at  any  point 
in  such  permission  specified,  and  that  any  person  may  within  or  upo-n 
his  own  inclo'sure  shoot  dangerous  or  destructive  beasts. 

2.  To  fire,  discharge  or  set  off,  except  on  holidays,  fete  day.s, 
or  occasion  of  public  parade,  and  under  and  by  virtue  of  the  written 
permit  of  the  Chief  of  Police  first  had,  any  cracker,  rocket,  bomb., 
torpedo,  squib,  chaser,  Roman  candle  or  any  other  kind  of  fireworks. 

Three — Criminal     Intoxication. 

Sec.  3.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  to  be  found  on  or  in  any  public  street,  sidewalk, 
highway,  square  or  place,  or  place  open  to  public  view,  in  a  state  of 
intoxication. 

2.  For  any  person  not  being  a  lawful  occupant  of  such  house  or 
premises  to  be  found  in  any  private  house  or  private  premises  in  a 
state  of  intoxication  to  the  annoyance  of  any  other  person. 

Five — Disorderly,   Immoral  and  Unlawful   Resorts. 

■    Sec.  5.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  To  frequent,  become  an  inmate  of  or  contribute  to  the  suppoi't 
of  any  disorderly  house,  house  or  place  of  ill-fame,  assignation  or 
prostitution,  or  place  for  gambling,  or  for  any  unlawful  practice. 

2.  Knowingly  to  let,  sub-let  or  transfer  possession  of  any  prem- 
ises or  portion  thereof  for  use  for  gambling  or  any  unlawful  practice. 


ORDINANCES.  241 


,  Six — Soliciting  Prostitution. 

Sec.  6.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
by  looks,  signs,  motions,  words,  lewd  or  indecent  appearance  or  con- 
duct, or  by  any  other  means,  to  solicit,  entice  or  endeavor  to  entico 
^ny  person  to  enter  any  room,  place  or  house  of  ill-fame,  assignation 
cir  prostitution,  or  any  room,  place  or  house  having  the  reputation  of 
being  a  room,  place  or  house  of  ill-fame,  assignation  or  prostitution, 
or  by  any  means  aforestated  to  donate  to  or  inform  passers-by  of  the 
character  or  reputation  of  such  room,  place  or  house,  or  of  the  person 
or  persons  residing  in  or  frequenting  the  same. 

Seven — IVlinors    in   Certain    Places   at    Night. 

Sec.  7.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  the  owner,  manager,  keeper  or  person  in  charge  of  any 
saloon  or  other  place  where  malt,  vinous  or  spirituous  liquors  are  sold 
or  given  away  to  be  used  on  the  premises,  knowingly  to  suffer  or 
permit  any  minor  under  the  age  of  sixteen  years,  such  minor  not  being 
regularly  employed  in  such  saloon  or  place,  nor  accompanied  bj^  such 
minor's  parent  or  guardian,  nor  a  member  of  the  family  of  such  owner, 
keeper,  manager  or  person  in  charge,  to  be  or  remain  in  such  saloon 
or  place  at  aay  time  after  S  o'clock  P.  M.  and  before  5  o'clock  A.  M. 

2.  For  anj'  person  capable  of  comm.itting  crime  and  under  the  age 
of  sixteen  years  to  be  found  on  or  in  any  public  street,  highway, 
square  or  grounds  after  9  o'clock  P.  M.  and  before  5  o'clock  A.  M., 
unless  accompanied  by  such  person's  parent  or  guardian  or  having  a 
written  permit  to  so  be  from  such  parent  or  guardian. 

Eight — Possession   of   Gambling    Devices. 

Sec.  8.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
to  have  in  his  possession  any  cards,  dice  or  any  other  device  with 
intent  to  use  or  have  the  same  used  in  playing,  conducting,  canning 
on  or  dealing,  whether  by  such  person  or  another,  any  game  of  faro, 
monte,  roulette,  lasquenete,  rouge  et  noir,  rondo,  tan.  fantan,  studhorso 
poker,  seven  and  a  half,  twenty-one,  or  any  banking  or  percentage 
game  played  for  money,  checks,  credit  or  any  other  representative  of 
value. 

Fifteen — Obstruction  of  Public  Ways. 

Sec.  15.  It  shall  be  unlawful  and  a  misdemeanor  to  obstmct  (5r 
cause  to  be  obstructed  any  part  of,  or  an}-  part  of  the  public  use  of  any 
part  of  any  public  street,  highway,  avenue,  sidewalk,  crosswalk,  wharf 
or  bridge. 

Sixteen — Obstructions    Within    Last    Section. 

Sec.  16.  The  following-named  things,  but  not  to  the  exclusion  of 
other  things,  shall  be  deemed  obstructions  within  the  meaning  of 
Section  15  of  this  Ordinance: 

1.  Any  awning,  balconj',  porch,  window,  which  being  over  or  above 
any  of  said  public  ways  is  less  than  thirteen  feet  above  the  official 
grade  thereof. 

2.  Any  post,  pillar,  pole  or  structure,  not  excepted  by  the  pro- 
visions of  Section  17  of  this  Ordinance,  which  stands  or  rests  upon, 
within  or  in  any  of  said  public  ways;  any  post,  pillar,  pole  or  mast 
for  telegraph,  telephone  or  electric  light  wires  hereafter  erected  or 
placed  otherwise  than  in  that  part  of  the  sidewalk  space  which  is  not 
less  than  eight  inches  nor  more  than  twenty-four  inches  from  the  curb 
line. 


242  ORDINANCES. 


3.  Any  vehicle  or  beast  so  upon  or  in  any  of  said  public  ways  as 
without  necessity  therefor  to  impede  or  impair  the  passage  of  the 
public  or  of  any  person,  vehicle  or  beast  lawfully  then  and  there  pass- 
ing over,  on  or  along  such  way. 

4.  Any  house,  barn  or  like  structure  which  is  standing  or  beiny 
moved  upon  or  in  any  public  way  without  then  and  there  so  being 
under,  by  virtue  of  and  in  accordance  with  the  terms  of  a  written 
permit  granted  by  the  Mayor  and  approved  by  the  Superintendent  of 
Streets,  wherein  is  specified  the  structure  permitted  to  be  moved,  the 
public  ways  on  which  and  the  time  during  which  said  moving  or  stand- 
ing is  pennitted. 

Seventeen — Things    Not    Obstructions    Within    Section    15. 

Sec.  17.  The  following-named  things  are  declared  not  to  be 
obstructions  within  the  meaning  of  Section  15  of  this  Ordinance: 

1.  An  obstruction  authorized  or  permitted  by  the  terms  of  any 
franchise,  ordinance,  law  or  special  permit. 

2.  An  obstruction  caused  by  a  iDublic  officer  or  public  employe  in 
pursuance  of  his  duty  or  employment  as  such  officer  or  employe. 

3.  Any  hitching-post  not  less  than  three  feet  nor  more  than  thre*? 
and  a  half  feet  in  height  above  the  surface  of  the  way  where  such 
post  stands,  and  not  more  than  six  inches  in  diameter,  such  post 
ijeing  in  the  sidewalk  space  and  within  eight  inches  of  the  curb  line. 

4.  Any  tree,  together  with  such  a  post,  box  or  structure  imme- 
diately adjacent  thereto  which  may  be  requisite  to  support  or  protect 
such  tree,  the  same  being  in  the  lawful  tree  space  or  where  lawful 
when  planted  or  set  out,  and  so  trimmed  as  by  law  required. 

5.  The  use  of  a  sidewalk  by  the  occupant  of  an  abutting  tenement 
for  two  and  a  half  feet  in  width  next  such  tenement  for  the  purpose  of 
exhibiting  merchandise. 

6.  The  use  of  a  sidewalk  by  or  for  the  occupant  of  an  abutting 
tenement  for  the  purpose  of  transferring  merchandise  and  other  arti- 
cles between  such  tenetnent  and  the  roadway  during  the  time  necessary 
for  such  transfer  if  prosecuted  consecutively  and  with  reasonable 
diligence. 

Nineteen — Neglect  to    Repair  Streets  or  Sidewalks. 

Sec.  19.  It  shall  be  unlawful  and  a  misdemeanor  for  the  owner 
or  occupant  of  land  fronting  on  any  portion  of  an  improved  street  or 
way,  when  such  portion  of  such  street,  way  or  any  sidewalk  thereon  is 
out  of  repair  or  needing  reconstruction,  and  in  a  condition  to  endanger 
persons  or  property  passing  thereon,  or  tO'  interfere  with  the  public 
convenience  in  the  use  thereof,  to  refuse,  fail  or  neglect  to  commence 
and  continuously  and  diligently  prosecute  repairs  or  reconstructions  of 
such  street,  way  or  sidewalk  within  three  days  after  receiving  notice  to 
so  do  from  the  Superintendent  of  Streets  in  accordance  with  Section  13 
of  an  Act  of  the  Legislature  of  the  State  of  Califoniia  entitled:  An 
Act  to  provide  for  work  upon  streets,  lanes,  alleys,  courts,  places  and 
sidewalks  and  for  the  construction  of  sewers  within  municipalities, 
approved  March  14,  1885. 

Twenty-One — Projections  Over  Highways. 

Sec.  21.     It  shall  be  unlawful  and  a  misdemeanor  for  any  person  ; 

1.  To  construct,  place  or  cause  to  be  constructed  or  placed  any 
bay  or  oriel  window,  swell  front  or  any  similar  structure  projecting 
over  the  line  of  any  public  street  or  way  which  so  projects  more  thaa 


ORDINANCES.  243 


three  feet  or  exceeds  eight  and  one-half  feet  in  width,  or  is  at  the 
base  or  bottom  thereof  less  than  thirteen  feet  vertically  above  the 
official  gi'ade  of  such  street  or  way;  or  to  construct,  place  or  cause  to 
be  constructed  or  placed  any  such  window,  front  or  structure  which 
projects  at  all  over  the  line  of  a  public  street  or  way  without  first 
having  a  peiTnit  to  so. do  from  the  City  CounciL  approved  by  the  Mayor. 

2.  To  suspend  or  place,  or,  being  owner  or  occupant  of  any  prem- 
ises, to  suffer  or  permit  to  remain  suspended  or  placed  from  or  on  said 
premises,  over,  above  or  across  any  street,  sidewalk  or  other  public 
way,  any  sign,  placard,  banner  or  advertisement.  But  the  foregoing 
provisions  shall  not  apply  to  any  temporary  display  on  any  holiday, 
election  day  or  occasion  of  public  parade,  or  to  any  lettering  on  the 
globe,  shade  cr  other  ordinary  inclosure  of  any  gas  or  electric  lamp 
when  the  same  shall  have  been  suspended  or  placed  safely  and  securely 
to  the  satisfaction  of  the  Superintendent  of  Streets  and  when,  in  the 
case  of  such  temporary  display,  the  same  shall  not  have  been  by  the 
Superintendent  of  Streets  ordered  to  be  removed  or  taken  down. 
Nor  shall  such  provision  apply  to  a  sign  attached  to  a  doorway,  if 
the  same  does  not  project  more  than  eighteen  inches  over  and.  beyond 
the  inner  line  of  the  sidewalk,  and  is  not  less  than  seven  feet  above 
the  sidewalk. 

Twenty-Three — Dangerous  Apparatus   on    Public   Ways. 

Sec.  23.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
not  being  a  public  officer  or  employe,  in  pursuance  of  his  duty  as  such 
officer  or  employe  nor  an  engineer  in  course  of  his  ordinary  employ- 
ment on  a  railroad,  to  exhibit,  use,  test  or  experiment  with,  on  or  in 
any  public  street,  way,  square  or  place,  any  boiler,  engine  or  other 
apparatus  under  steam  pressure,  without  having  first  obtained  a 
written  permit  to  so  do  from  the  Mayor. 

Twenty-Five — Dangerous    Driving. 

Sec.  25.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  not  being  a  public  officer  or  employe  in  pur- 
suance of  his  duty  as  such  officer  or  employe,  to  ride  or  drive  any 
horse,  mule  or  team  on  any  street  or  public  way  at  a  rate  of  speed 
greater  than  eight  miles  per  hour.. 

2.  For  the  rider  or  driver  of  any  horse,  mule,  other  beast  or 
team,  willfully  or  negligently  to  so  ride  or  drive  the  same  when 
approaching  or  crossing  any  sidewalk  as  to  imperil  the  life  or  limb  of 
any  pedestrian  then  on  such  crosswalk  actually  and  diligently  prose- 
cuting passage  from  one  sidewalk  to  another,  or  so  as  to  obstruct, 
impede  or  impair  the  reasonable  exercise  of  a  paramount  right  of  way 
"by  the  pedestrian  then  and  there  so  being  as  aforesaid.  But  the  right 
of  way  for  apparatus  of  the  Fire  Department  when  going  forth  upon 
an  alarm  to  a  fire  or  a  suppof^ed  fire  shall  nevertheless  be  paramount 
to  that  of  a  pedestrian  upon  crosswalks. 

Twenty-Six — Driving  Animals  on  Public  Ways  and  Places. 

Sec.  26.  It  shall  be  unlawful  and  a  misdemeanor  to  drive,  or  cause 
to  be  driven,  any  number  greater  than  two  of  loose  sheep,  hogs,  goats, 
horses,  mules  or  homed  cattle  on  or  along  any  street,  avenue,  public 
way,  public  square  or  public  place  in  the  City  of  Stockton;  provided, 
that  any  number  of  said  animals  may,  under  the  care  of  persons  suf- 
ficient in  number,  skill  and  diligence  to  control  the  same,  be  driven  on 
a,nd  along  the  following-named  public  ways  and  parts  thereof:  North 
street,  East  street  from  North  street  to  south  line  of  Scott's  avenue; 


244  ORDINANCES. 


Scott's  avenue,  from  Easf  street  to  west  line  of  Pilgrim  street;  Pilgrim 
street,  from  Scott's  avenue  to  South  street;  South  street,  Center  street 
from  South  street  to  Stockton  Channel;  Weber  avenue  and  Levee,  from 
West  street  to  east  line  of  El  Dorado  street;  El  Dorado  street,  from 
south  line  of  Weber  avenue  to  north  line  of  Channel  street;  Channel 
♦street  and  Commodore's  Levee,  from  El  Dorado  street  to  westerly: 
point  of  Commodore's  Levee;  Lafa^'ette  street,  from -East  street  to 
way  of  Western  Pacific  Railroad  on  Sacramento  street. 

Twenty-Seven — Inconveniences  on  Streets,  Etc. 
Sec.  27.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  to  pasture,  stake,  tie  or  herd  for  the  purpose. 
of  pasturing,  or  turn  loose  to  roam  at  will,  or  cause  to  be  pastured, 
staked,  tied  or  herded  for  the  purpose  of  pasturing,  or  to  be  turned 
loose  to  roam  at  will  on  or  in  any  street,  public  way  or  square,  or  to 
turn  loose  to  roam  at  will  or  cause  to  be  turned  loose  to  roam  at  will,, 
on  or  in  any  uninclosed  private  lot  or  premises,  any  horse,  ass,  mule, 
hog,  pig,  goat,  sheep,  ox,  bull,  cow,  calf  or  any  horned  or  other  cattle. 

2.  For  any  person  being  the  owner  or  having  charge,  care  or 
control  of  any  dog  or  bitch  to  suffer,  allow  or  permit  the  same  to  be 
upon  or  in  any  street,  public  way  or  square,  unless  around  the  neck  of 
the  same  is  a  collar  to  which  is  attached  a  tag  bearing  the  number 
marked  thereon  by  the  City  Clerk  as  provided  for  in  any  Ordinance. 
But  this  subsection  does  not  apply  to  a  dog  which  accompanies  an 
owner  not  a  resident  of  the  City  of  Stockton. 

3.  For  the  owner  or  occupant  of  any  premises  in  front  of  or 
adjacent  to  which  any  tree  is  standing  or  growing  in  or  on  any  public 
street  or  way,  to  fail  or  neglect  to  keep  such  tree  so  trimmed  that  no 
branch  thereof,  where  more  than  two  feet  horizontally  from  the  butt 
of  said  tree,  shall  be  less  than  ten  feet  above  the  official  grade  of  such 
ijtreet  or  way. 

4.  For  any  person  to  play  or  assist  or  participate  in  playing  on  or- 
in  any  public  street,  sidewalk  or  way  any  game  or  play  wherein, is 
thrown,  batted,  kicked  or  used  any  baseball,  football,  handball  or  othi^r 
ball. 

5.  For  any  person  to  beat,  clean  or  dust  any  carpet  in  or  on  any 
public  street,  way,  sidewalk  or  bridge  or  on  any  fence  or  wall  on  the 
line  of  the  same. 

Twenty-Eight — The  Same  Continued. 
Sec.  28.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  to  place,  throw  or  deposit  on  or  in  any  public 
street,  way,  sidewalk  or  square,  or  to  have  possession  of  while  on  or 
in  any  public  street,  way,  sidewalk  or  square  with  intent  to  place, 
throw  or  deposit  on  or  in  the  same,  any  pieces  or  scraps  of  paper, 
pasteboard  or  cardboard,  dodgers,  handbills  or  advertising  or  business 
cards. 

2.  For  any  person  to  throw,  place  or  deposit  on  or  in  any  public 
street,  way.  square  or  channel  any  rubbish,  garbage,  bottles,  glass, 
crockery,  tinware,  tin  scraps,  ashes,  stable  litter,  filth,  offal,  refuse  of 
offensive  or  dangerous  matter  of  any  kind. 

3.  For  any  person  to  place  or  transport  alter  7  o'clock  A.  M.  and 
before  8  o'clock  P.  M.,  on,  in,  along  or  across  any  street  or  sidewalk 
within  the  limits  of  the  City  of  Stockton  any  garbage,  kitchen  refuse, 
night  soil,  swill  or  any  other  matter  offensive  to  sight  or  smell;  or  tp 
place  or  transport  between  the  hours  of  8  o'clock  P.  M.  and'  7  o'clock 


ORDINANCES.  245 


A.  M.  on,  in,  along  or  across  an}-  street  or  sidewalk  within  the  limits 
of  the  City  of  Stockton  any  garbage,  kitchen  refuse,  night  soil,  swill" 
or  any  other  matter  offensive  to  sight  or  smell,  unless  the  same  be 
contained  in  water-tight  vessels  having  covers  so  fitted  that  no  liquid 
matter  and  no  gaseous  exhalation  will  escape  therefrom  during  trans- 
portation. 

Thirty — Bicycles   on   Sidewalks,    Etc. 

Sec.  30.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
over  fourteen  years  of  age  to  ride  any  roadster,  tandem,  safety  or  other 
bicycle  or  tricycle  upon,  in  or  over  Siuy  sidewalk  or  sidewalk  space, 
or  upon,  in  or  over  any  footway  for  pedestrians  in  any  public  square 
or  on  any  public  bridge  or  wharf. 

Thirty-Two — Damaging  Roadways. 

Sec.  32.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  To  roughlock  any  wheel  or  vehicle  or  cause  the  same  rough- 
locked  to  be  drawn  or  driven  on  or  through  any  street  or  roadway 
which  has  been  improved  by  graveling,  macadamizing  or  paving, 
whether  with  basalt,   bituminous   or  other  rock. 

2.  To  use  or  drive  or  cause  to  be  used  or  driven,  on,  in,  along 
or  across  any  street  or  roadway  which  has  been  improved  by  graveling, 
macadamizing,  or  paving,  whether  with  basalt,  bituminous  or  other  rock, 
any  dray,  truck,  lumber  wagon  or  other  vehicle,  which,  together  with 
the  load  thereupon,  weighs  more  than  8,000  pounds,  unless  the  tires  of 
all  the  wheels  thereof  are  at  least  four  inches  in  width  each  and  one- 
half  inch  in  width  thereto  additional  for  each  and  every  thousand 
pounds  of  load  or  vehicle  in  excess  of  8,000  pounds  up  to  10,000 
pounds,  and  for  each  and  every  thousand  pounds  of  load  or  vehicle  in. 
excess  of  10,000  pounds  having  an  additional  width  to  each  tire  of 
one  inch. 

Thirty-Four — Not   Moving   on   When    Requested. 

Sec.  34.  It  shall  be  unlawful  and  a  misdemeanor  for  any  of  the 
persons  composing  a  company  or  crowd  obstructing,  impeding  or 
impairing  the  free  and  peaceful  passage  of  others  on  or  along  any 
street,  sidewalk,  wharF.  bridge,  public  way  or  entrance  to  any  theater, 
pavilion,  church,  public  hall  or  other  place  of  public  resort,  to  refuse, 
fail  or  neglect  to  disperse  or  move  on  v/hen  requested  to  do  so  by  a 
peace  officer.  But  this  provision  shall  not  apply  on  the  occasion  of  an>' 
public  outdoor  meeting  or  public  procession. 

Thirty-Five — Preparing    Streets    Under    Franchise. 

Sec.  35.  It  shfll  I  e  unl-^wtul  and  a  misdemeanor  for  any  person 
or  persons  exercising  or  having,  under  any  grant  or  franchise,  special 
rights  or  privileges  in  any  public  street  or  way  when,  in  accordance 
with  the  terms  of  such  grant  or  franchise,  requested  to  improve  or 
repair  such  street  or  way,  to  refuse,  fail  or  neglect  to  improve  or  re- 
pair the  same  with  material  either  similar  in  kind  and  quality  to  that 
with  which  such  street  or  way  may  then  be  improved  or  with  such  as 
may  be  selected  by  the  City  Council;  or  to  improve  or  repair  the. 
same  with  material  other  than  a.s  aforesaid;  or  to  fail,  neglect  or 
refuse  to  improve  or  repair  the  same  in  the  manner  designated  by  said 
(Council. 

Thirty-Six — Hitching   to   Trees — Hitching-Posts. 

Sec.  36.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  To  tie,  hitch  or  fasten  any  horse,  mule,  beast  of  burden,  team, 
cow,  bull,  ox  or  goat  to  any  tree  in  front  of  or  adjacent  to  any  public 


246  ORDINANCES. 


or  private  lot  or  square,  or  to  any  tree-box,  post  or  any  other  structure 
which  maj^  be  around  or  adjacent  to  such  tree  for  its  support  or  pro- 
tection. 

2.  Maliciously  or  negligently  to  break,  damage  or  displace  any 
hitching-post  in  any  public  way  lawfully  being. 

Thirty-Seven — Damaging    Public    Channels. 

Sec.  37.  It  shall  be  unlawful  and  a  misdemeanor  to  throw  or 
deiK>sit  in  any  public  channel  any  solid  matter  whatever,  or  to  drain 
or  run  into  any  navigkble  channel  any  fluid  holding  in  suspension  or 
solution  matter  which,  if  precipitated  or  deposited  in  such  channel 
lor  a  sufficient  time,  would  obstruct  or  impair  the  navigability  of  the 
same. 

Thirty-Nine — Steamboats   and    Railroads. 

Sec.  39.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  having  command,  charge  or  control  as  captain, 
mate  or  like  officer,  of  any  steamboat,  tugboat  or  other  steam  vessel, 
to  order,  cause  or  suffer  such  boat  or  vessel  to  be  run  or  propelled  upon 
any  waters  within  the  corporate  limits  of  the  City  of  Stockton  at  a 
rate  of  speed  greater  than  five  miles  per  hour, 

2.  For  any  person  having  command,  charge  or  control  as  con- 
ductor, engineer  or  otherMise  of  any  locomotive,  locomotive  engine  or 
other  engine  used  or  run  on  a  railroad  track,  to  order,  cause  or  suffer 
the  same,  whether  alone  or  attached  to  a  car,  to  run,  be  drawn  or 
propelled  on  any  track  within  the  corporate  limits  of  the  City  of 
Stockton  at  a  rate  of  speed  greater  than   eight  miles  per  hour. 

3.  For  any  person  to  get  on  or  off  any  railroad  car  or  train  of 
cars,  propelled  or  usuallj^  propelled  by  steam,  while  such  car  or  train  is 
in  motion,  at  any  place  other  than  a  regular  depot,  station  or  place 
where  such  car  or  train  usually  stops  to  take  or  land  passengers, 
such  person  not  being  an  officer  or  employe  of  the  owner  or  operator 
of  such  car  or  train. 

4.  For  any  person  willfully  to  obstruct,  impede  or  interfere  with 
any  passenger  car  belonging  to  or  in  use  by  any  street  railroaci 
company. 

Forty-Two — Regulation  of  Hackmen,  Runners,  Etc. 

Sec.  42.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  runner,  hackman,  coach  or  omnibus  driver,  express- 
man or  porter  to  enter  upon  or  into  any  railroad  car,  depot,  steamboat 
or  steamboat  landing,  or  any  platform,  passage  or  landing  way  leading 
to  or  from  the  same,  while  actually  prosecuting  his  employment  as- 
such,  except  under  and  in  conformity  with  such  rules  and  regulations 
as  may  for  that  purpose  be  prescribed  by  the  corporation  owning 
or  controlling  such  boat,  car,  landing,  depot  or  platform;  provided, 
that  a  printed  copy  of  said  rules  or  regulations  be  kept  posted  con- 
spicuously in  or  on  said  depot,  landing,  platform  or  passage  way,  and 
that  any  person  may  enter  upon  or  into  such  depot,  landing  or  platiorm 
for  the  purpose  of  assisting  passengers  on  or  off  any  train  or  steam- 
boat. 

2.  For  any  person  to  demand,  collect  or  receive  for  passage  or 
transportation  of  a  passenger  or  baggage  in  any  carriage,  hack,  cab, 
express  wagon,  omnibus  or  other  vehicle,  a  higher  or  greater  rate  of 
fare  than  is  or  may  be  by  any  Ordinance  designated  or  fixed  therefor. 

Forty-Five — License   Rates  and   Harbor  Dues. 

Sec.  45.     It  shall  be  unlawful  and  a  misdemeanor: 
1.     For  any  person,  as  principal,  agent,  employe  or  otherwise,  to 
conduct,  maintain,  engage  in  or  carry  on  within  the  corporate  limits 


ORDINANCES.  24T 


of  the  City  of  Stockton  any  business,  trade,  calling,  profession,  game, 
entertainment  or  show  for  which  a  license  now  is  or  may  hereafter 
be  by  any  Ordinance  required  or  a  license  rate  fixed  or  charged  with- 
out first  procuring  a  license  to  so  do,  or  without  having  for  the 
amount  of  such  license  rate  such  a  receipt  as  is  or  may  be  by  any 
Ordinance  provided  for,  the  term  of  which  as  specified  on  the  faca 
thereof  has  not  expired. 

2.  For  any  master,  captain,  owner,  agent  or  other  person  in 
charge  or  command  of  anj'-  steamboat,  sailing  vessel  or  other  craft,  to 
land  or  deliver  or  transfer  possession  of  any  portion  of  the  freight 
or  cargo  of  the  same  until  all  lawful  tonnage  and  harbor  dues  thereon 
have  been  fully  paid,  unless  by  a  special  permit  from  the  Harbor- 
master. 

Forty-Eight — Offenses    in    Fire    Districts. 

Sec.  48.     Tt  shall  be  unlawful  and  a  misdemeanor  for  any  person: 

1.  To  construct,  repair,  or  cause  to  be  constructed  or  repaired, 
of  or  with  any  material  other  than  stone,  brick,  cast  or  wrought 
iron,  mortar  or  cement,  any  part  of  any  external  or  party  wall  of  any 
building  or  addition  thereto  within  the  fire  districts  of  the  City  of 
Stockton  as  the  same  now  are  or  may  hereafter  be  established  or 
defined;  provided,  however,  that  the  roof  of  any  building  may  be  con- 
structed of  or  covered  with  any  non-combustible  material. 

2.  To  refuse,  fail,  neglect  or  omit  in  constructing  or  erecting  .or 
causing  to  be  constructed  or  erected,  any  building  or  addition  thereto 
within  said  fire  districts,  to  continue  or  carry  up  any  external  or  party 
wall  thereto  at  least  two  feet  above  the  roof  of  such  building  or  addi- 
tion,  respectively. 

3.  To  cover,  overlay,  construct,  erect  or  cause  to  be  covered, 
overlaid,  erected  or  constructed,  any  building  or  addition  thereto 
within  said  fire  districts,  with  or  by  any  combustible  materials,  or 
sheet  iron,  galvanized  iron  or  wrought  iron,  except  the  roof  of  any 
such  building,  which  said  roof  may  be  constructed  of  or  covered  with 
any  non-combustible  material. 

4.  To  move  to  or  upon  any  lot  within  said  fire  districts  from  any 
other  lot  or  place,  whether  within  or  without  said  fire  districts,  any 
building  or  addition  thereto,  which,  at  the  time  of  said  moving,  could 
not  be  lawfully  originally  constructed  upon  any  lot  in  said  fire  dis- 
tricts. 

5.  To  construct  or  cause  to  be  constructed  within  said  fire  dis- 
tricts any  sidewalk  or  curbing  of  wood  or  other  combustible  material. 

6.  To  attempt  to  do  or  omit  anything,  the  doing  or  omission  of 
which  is  in  this  section  declared  unlawful. 

7.  But  any  building  or  addition  thereto  which  at  the  time  of  its 
original  construction  was  constructed  of  material  •  then  lawful,  may, 
though  within  said  fire  districts,  be  altered  or  repaired,  but  not  en- 
larged, except  by  increasing  its  height,  with  material  like  that  of  which 
it  was  originally  constructed,  if  such  alteration  or  repairing  be  made 
under  and  in  accordance  with  the  temis  of  a  permit  first  had  from  the 
City  Council,  upon  recommendation  of  the  Board  of  Police  and  Fire 
Commissioners;  and  neither  said  permit  nor  recommendation  shall 
be  granted,  allowed  or  made  unless  the  owner  of  the  said  building 
shall,  at  the  time  of  applying  for  said  permission,  file  with  the  said 
Board  of  Police  and  Fire  Commissioners  written  plans  and  specifica- 
tions of  the  proposed  work,  which  shall  be  to  the  satisfaction  of  said 
Board  of  Police   and  Fire  Commissioners  and  the  Chief  Engineer  of 


*> 


48  ORDINANCES. 


the  Fire  Department,  and  in  no  case  shall  said  repairs  or  alterations 
be  permitted  if  said  repairs  or  alterations  shall  exceed  30  per  cent 
of  the  original  cost  of  the  building. 

Fifty — Precautions  Against   Fire. 

Sec.  50.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  To  use,  maintain,  or  place  for  use  or  maintenance,  any 
stove-pipe  or  smoke-pipe  which  passes  through  the  roof  or  any  external 
wall  of  any  building  within  the  fire  districts  of  the  City  of  Stockton 
as  the  same  now  are  or  may  hereafter  be  established  and  defined. 

2.  To  maintain  or  place  for  or  in  use  any  stove-pipe  or  smoke- 
pipe  which,  where  parallel  with  any  combustible  wall,  partition, 
ceiling  or  roof,  is  nearer  than  six  inches  thereto;  or  which  passes, 
through  any  hole  in  the  same  which  does  not  exceed  such  pipe  in 
diameter  by  at  least  four  inches;  or  which  is  not  surrounded  where  it 
passes  through  such  hole  by  an  earthen  or  double  metallic  receivint^ 
pipe  or  register;  or  which  is  at  any  part  of  its  circumference  where  it 
passes  through  any  such  hole  nearer  than  two  inches  to  any  com- 
bustible material  in  any  wall,  partition,  ceiling,  floor  or  roof. 

3.  To  deposit  ot  cause  to  be  deposited,  or,  being  owner  or  occu- 
pant of  any  premises,  to  suffer  or  permit  to  be  deposited  or  to  remain 
in, or  on  said  premise?,  in  or  on  any  combustible  receptacle  or  floor, 
or  in  any  manner  v/ithin  two  inches  of  any  combustible  structure  any 
ashes,  coals,  cinders  or  other  remains  of  fire. 

4.  To  kindle,  continue,  use  or  cause  to  be  kindled,  continued  or 
used  with  any,  even  the  slightest  degree  of  wantonness,  negligence 
or  carelessness,  any  fire  or  bonfire  on  any  public  way  or  square  or  any- 
where in  the  open  air. 

Fifty-Two — Offenses  Relating  lo  Fire  Department. 
Sec.  52.     It  shall   be  unlawful  and   a  misdemeanor: 

1.  To  break,  remove,  damage,  disturb  or  in  anywise  interfere 
with  any  wire,  pole,  apparatus  or  appurtenance  of  the  fire  alarai  tele- 
graph without  first  having  a  special  permit  or  authority  to  so  do  from 
the  Superintendent  of  the  Fire  Alarm  Telegraph  and  the  Cnief 
Engineer  of  the  Fire  Department. 

2.  Willfully  and  negligently  to  obstruct  or  impede  any  member 
or  apparatus  of  the  Fire  Department  when  such  member  or  apparatus 
is  going  to  or  engaged  in  extinguishing  a  fire. 

3.  Willfully  or  negligently  to  drive  any  vehicle  over  or  across 
any  hose  of  the  Fire  Department,  such  hose  then  and  there  not  being 
fully  protected  .from   damage  thereby, 

4.  Willfully  to  give  or  turn  in  a  false  alarm  of  fire. 

5.  For  any  person  not  an  officer  or  employe  of  the  Fire  Depart- 
ment in  pursuance  of  his  duty  as  such  officer  or  employe,  to  ring}  or 
cause  to  be  rung  any  fire  alarm  bell,  without  first  having  obtained  the 
consent  of  the  Chief  Engineer  of  the  Fire  Department  and  of  two 
members  of  the  Board  of  Police  and  Fire  Commissioners. 

6.  To  open  or  leave  open,  except  for  ordinary  household  purposes, 
any  faucet  or  water-cock  directly  or  indirectly  connected  with  the 
source  whence  the  Fire  Department  derives  its  supply  of  water  for 
extinguishing  fires,  or  to  use  or  continue  using  for  irrigating  purposes 
any  water  from  any  pipe  so  as  aforesaid  connected  with  said  source  of 


ORDINANCES.  24'J 


supply,  from  and  after  an  alarm  of  fire  during  any  part  of  the  txme 
the  Fire  Department  is  drawing  upon  such  source  of  supply  for  the 
extinguishment  of  such  fire. 

Fifty-Five — Storage    of    Explosives   and    Combustibles. 

Sec.  55.  it  shall  be  unla.wful  and  a  misdemeanor  in  any  one 
storehouse,  building,  enclosure,  tank,  magazine  or  place: 

1.  •  To  store,  keep  or  have  within  the  corporate  limits  of  the  City 
of  Stockton  more  than  fifty  pounds  of  gunpowder,  nitroglycerin,  giant 
powder  or  other  highly  explosive  substance;  or  to  store,  keep  or  have 
any  of  the  same  as  aforesaid,  unless  conspicuously  near  the  entrance 
of  the  premises  where  kept,  convenient  for  removal,  in  a  covered 
metallic  receptacle,  plainly  marked  "Powder"  in  Roman  letters,  not  less 
than  three  inches  long*,  painted  white  on  a  dark  ground. 

2.  To  store,  keep  or  have  within  said  corporate  limits  more  than 
500  gallons  of  kerosene,  petroleum  or  inrlammable  product  of  petro- 
leum, except  under,  by  virtue  of  and  in  accordance  with  the  terms  of 
a  special  pennit  by  resolution  of  the  City  Council. 

3.  To  store,  keep  or  have  within  the  fire  districts  of  said  city 
as  the  same  now  are  or  mav  hereafter  be  established  and  determined, 
vny  hay  or  straw,  except  for  the  purpose  of  feeding  on  premises  where 
kept,  a  quantity  not  to  exceed  three  tons  for  each  beast  usually  kept 
on  such  premises  and  fed  on  such  hay  or  straw;  excepting,  also,  for 
the  purpose  of  .smaller  sales,  a  quantity  not  to  exceed  two  tons;  and 
in  both  excepted  cases,  within  fire-proof  buildings. 

4.  To  store,  keep  oi  have  wHhin  said  corporate  limits,  but  out- 
.side  of  said  fire  districts,  save  in  the  cases  excepted  in  Subsection  3, 
last  aforesaid,  more  than  twenty  tons  of  hay  or  straw,  unless  in  a 
iire-proof  building  or  completely  enclosed  and  covered,  at  a  distance 
-of  at  least  100  feet  from  every  neighboring  building. 

Fifty-Seven — Doors  of  Places  for  Public  Assemblies. 

Sec.  57.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
to  construct  or  cause  to  be  constructed  in  any  building  hereafter 
erected,  completed  or  altered,  used  or  to  be  used  in  whole  or  in  part 
for  public  assemblages,  in  any  doorway  thereof  or  any  hall  or  apart- 
ment therein,  any  sliding  door  or  any  door  not  used  or  to  be  used  by 
the  public  for  ingress  or  ogress  to  or  from  such  building  or  any  hall  or 
apartment  therein,  any  sliding  door  or  any  door  not  constructed  so 
as  to  swing  both  outwardly  and  inwardly,  or  any  such  doorway  less 
than  ten  feet  wide;  or  for  any  person  or  persons  having  the  right 
or  power  to  remove  or  alter  any  door  or  doorway  which  is  unlawful 
under  the  aforestated  provision,  to  suffer  the  same  to  remain  so  un- 
lawfully in  place  for  the  period  of  one  month. 

Sixty — Obstructing    Passages    in    Public    Halls,    Etc. 

Sec.  60.  It  shall  be  unlawful  and  a  misdemeanor  to  place  or  set 
In  any  aisle  or  passageway  in  any  building,  apartment,  hall  or  room 
used  for  public  assemblages  at  any  time  during  any  performance, 
exhibition,  concert,  play,  ball,  lecture,  sers^xe  or  public  assembly,  any 
•campstools,  benches,  chairs,  sofas  or  other  obstruction  or  impediment 
to  passage,  along  and  throughout  the  entire  width  and  length  of  such 
aisle  or  pa.ssageway. 


250  ORDINANCFS. 


Sixty-Two — Relating  to  Health  and  Health  Officers. 
Sec.  62.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  To  bury  within  the  City  of  Stockton  or  to  remove  therefrom 
for  burial  or  other  purpose  the  body  of  any  deceased  person  without 
first  having  obtained  a  permit  to  so  do  from  the  Health  OflRcer  or  the 
Secretary  of  the  Board  of  Health. 

2.  To  violate  or  refuse,  fail  or  neglect  to  comply  with  any  lawful,, 
general  or  special  order,  notice  or  direction  of  the  Board  of  Health, 
Health  Officer  or  any  member  of  said  Board. 

3.  To  lease,  let  or  sublet  any  house  where  any  person  is  or  has 
been  sick  with  cholera,  yellow  fever,  j:mallpox  or  varioloid,  or  leave  or 
remove  from  any  pesthouse,  hospital  or  other  place  of  temporary 
detention  for  persons  having  or  exposed  to  any  of  said  diseases  with- 
out having  first  obtained  a  permit  to  so  do  from  the  Board  of  Health 
or  Health  Officer. 

4.  For  the  owner,  occupant  or  person  in  charge  of  any  vessel 
In  port,  steamboat,  building,  room,  lot,  vault,  cellar,  outhouse,  cesspool 
or  other  place  being  notified  in  writing  by  the  Board  of  Health  or 
Health  Officer  that  the  same  needs  cleansing  or  purifying,  to  refuse,, 
fail  or  neglect  for  thirty-six  hours  after  receiving  such  notice  to 
cleanse  and  purity  the  same. 

5.  For  any  person,  particularly  any  physician,  keeper  of  a  hotel, 
boarding-house  or  lodging-house,  who  has  reason  to  know  or  believe 
that  any  person  is  suffering  from  cholera,  yellow  fever,  smallpox, 
varioloid  or  diphtheria  to  neglect  or  fail  to  report  the  fa.ct  tO'  the 
Health  Officer  or  Board  of  Health  within  five  hours  after  first  coming 
to  such  knowledge  or  belief. 

Sixty-Four — Drainage    of    Laundries. 

Sec.  64.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person,, 
firm,  association  or  corporation  to  keep,  carry  on,  maintain,  or  cause 
to  be  kepi,  carried  on  or  maintained,^  any  public  wash-house  or 
laundry; 

1.  Unless  the  same,  for  the  purpose  of  drainage,  be  connected 
with  an  underground  sewer  or  a  slough  or  channel  containing  running 
oi*  tide  water;  or, 

2  Without  obtaining  and  having  for  each  and  every  month  from 
the  Health  Officer  a  certificate  that  such  wash-house  or  laundry  is 
connected  as  aforesaid,  and  that  the  premises  in  and  about  the  same 
are  in  a  good  sanitary  condition.  Every  house,  building  or  place  where 
washing  is  done  for  hire  or  as  a  business  is  a  public  wash-house  or 
laundry  within  the  meaning  of  this  section. 

Sixty-Six — Telegraph    and   Telephone   Apparatus. 

Sec.  66.     It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  wantonly  or  negligently  to  break,  remove^, 
damage,  disturb  or  interfere  with  anj-  wire,  pole,  apparatus  or  appur* 
tenance  of  any  telephone  or  telegraph  company. 

2.  For  any  person  not  in  course  of  service  in  or  for  such  c-om- 
pany  to  break,  remove,  damage,  disturb  or  interfere  with  any  wire, 
pole,  apparatus  or  appurtenance  belonging  to  or  used  by  any.  telegraph 
or  telephone  company,  the  same  being  lawfully  in  place,  without  having 
first  obtained  a  special  permit  to  so  do  from  the  local  Superintendent 
of  such  companj^  or  in  case  of  his  absence  or  refusal,  and  when  such 
wire,  pole,  apparatus  or  appurtenance  is  in,  on,  over  or  across  any 
public  street,  way  or  square,  from  the  Superintendent  of  Streets. 


ORDINANCES.  25t 


:  3.  For  any  person  to  olimb  or  ascend  any  pole,  mast  or  tower  of 
any  telegraph,  telephone,  fire  alarm  or  electric  light  system  without 
the  consent  first  had  of  the  officer  or  person  having  local  superintend 
dence  of  the  same. 

Sixty-Eight — Mi.scellaneoiis   Offenses. 
Sec.  68.     It  shall  be  unlawful  and  a  misdemeanor: 

SLAUGHTERING. 

1.  To  slauglhter  or  kill  within  the  corporate  limits  of  the  City  of 
Sitockton  any  cattle,  calf,  sheep,  lamb,  hog  or  pig  for  use  or  dispo- 
sition as  food  or  merchandise. 

BART3ED   WIRE. 

2.  To  use  barbed  wire  as  material  for  constructing,  repairing  or 
maintaining  any  part  of  n.ny  fence  or  adjunct  thereof. 

DEFACING  POSTERS,  ETC. 

3.  Wantonly,  maliciously  or  carelessly  to  obscure,  deface,  destroy 
or  remove  any  bill,  placard,  poster  or  advertisement  lawfully  being  on 
any  fence,  wall,  building  cr  bulletin  board. 

Sixty-Nine — Other    Miscellaneous    Offenses. 
Sec.  69.    It  shall  be  unlawful  and  a  misdemeanor: 

NUMBERING    HOUSES. 

1.  For  any  owner  or  occupant  of  any  building  by  law  required  to- 
be  numbered  with  the  street  number  thereof,  to  refuse,  fail  or  neglect 
for  ten  days  after  being  by  the  Superintendent  of  Streets  notified  to 
number  such  building,  to  have  such  street  number  attached  to  or 
inscribed  upon  such  building. 

AIR  IN  Sl.EEPING-ROOMS. 

2.  To  use,  occupy  or  let  for  use  or  occupation  as  a  sleeping 
apartment  any  room,  house  or  building  which  does  not  contain  at 
least  500  cubic  feet  of  air  space  for  each  person  occupying  or  using 
the  same  at  any  one  time  as  a  sleeping  apartment. 

GOODS  ON    WHARF. 

3.  For  an  owner  or  consignee  of  goods,  wares  or  merchandise  to 
fail  or  neg'lect  to  remove  the  same  from  any  wharf  or  landing  within 
ten  hours  after  being  notified  to  remove  the  same  by  the  Harbormaster, 

Seventy-Three — Cumulation   of   Offenses. 

Sec.  73,  Where,  Dy  the  provisions  of  this  or  any  Ordinance  of 
the  City  of  Stockton  a  continued  act  or  omission  or  the  continuance  of 
an  act  or  omission  constitutes  a  misdemeanor,  the  continuance  of  such. 
act  or  omission  for  each  and  every  tv/enty-four  hours  of  such  continu- 
ance shall  constitute  a  distinct  and  separate  offense,  and  be  punish- 
able accordingly;  provided,  that  where  the  continuance  of  an  act  or 
omission  for  a  specified  time  is  necessary  to  constitute  an  offense  an 
additional  continuance  of  the  same  for  an  equal  period  of  time  shall 
be  necessary  to  constitute  another  distinct  and  separate  offense. 

Seventy-Four — Penalty  of   Misdemeanors. 

Sec.  74.  Every  and  any  misdemeanor  defined,  specified  or  de- 
scribed! in  this  or  any  Ordinance  of  the  City  of  Stockton,  except  as 
may  otherwise  be  specially  provided,  shall  be  punishable  by  a  fine  not 
to  exceed  $150  or  by  imprisonment  in  the  County  Jail  of  the  County  of 


252  ORDINANCES. 


San  Joaquin  or  the  City  Prison  of  the  City  of  Stockton  not  to  exceed 
150  days,  or  by  both  such  fine  and  imprisonment,  or  by  such  fine  with 
the  alternative  in  default  of  payment  thereof  of  such  imprisonment  at 
the  rate  of  one  day  of  imprisonment  for  each  dollar  of  fine  imposed. 

Seventy-Six — When   This   Ordinance   Takes   Effect.. 

Sec.  76.  This  Ordinance  shall  take  effect  at  12  o'clock  M.  on  the 
second  day  of  May,  1891. 

[NOTE. — Section  30  of  the  foregoing-  Ordinance  has  been  repealed 
by  Ordinance  No.  286;  and  Section  48  has  been  amended  by  Ordinance 
:No.  169.]  

ORDINANCE   No.   286. 

(Approved  March   13,   1901.) 

^An  Ordinance  Amending  Ordinance  No.  53  by  Repealing  Section  30 
Thereof,  and  by  Adding  Thereto  Certain  Sections  Relating  to 
Riding  Bicycles,  Tricycles  and  Velocipedes  Upon  the  Public 
Streets,  Sidewalks  and   Thoroughfares  of  the  City. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

SECTION    I. 

Ordinance  53,  entitled  "Relating  to  the  offense  of  misdemeanors; 
specifying  acts  and  omissions  which,  within  the  City  of  Stockton,  con- 
stitute the  same,  and  fixing  the  penalties  thereof,"  approved  March  31, 
1891,  is  hereby  amended  as  follows,  to-wit: 

Section  30  thereof  is  hereby  repealed  and  in  lieu  of  Section  30,  two 
new  sections,  to  be  numbered  30  and  31,  are  hereby  adopted,  and  in  the 
words  and  figures  following,  to- wit: 

THIRTY, 

Section  30.  E^ery  person  riding  a  bicycle,  tricycle  or  velocipede 
in  or  along  any  public  street,  sidewalk,  lane,  alley  or  thoroughfarei 
within  the  limits  of  the  City  of  Stockton,  must  have  a  bell  attached  to 
the  said  bicycle,  tricycle  or  velocipede,  and  must  ring  the  said  bell 
loudly  and  continuously  at  least  thirty  feet  before  reaching,  and  wuii« 
traversing,  every  public  street  crossing;  and  every  person  failing  to 
-do  so  is  guilty  of  a  misdemeanor. 

THIRTY-ONE. 

Section  31.  Every  person  riding  a  bicycle,  tricycle  or  velocipede 
upon  any  sidewalk  or  any  public  street,  lane  or  alley,  or  upon  and 
along  any  footway  for  pedestrians  in  any  public  square,  or  on  any 
public  bridge  or  wharf  within  the  limits  of  the  City  of  Stockton,  shall 
immediately  dismount  from  said  bicjxle,  tricycle  or  velocipede  upon 
meeting  or  overtaking  any  person  who  may  then  and  there  be  walking 
or  standing  upon  said  sidewalk  or  upon  the  footway  for  pedestrians 
within  said  public  square  or  upon  said  public  wharf  or  bridge;  and 
«very  person  failing  to  do  so  is  guilty  of  a  misdemeanor. 

SECTION  II. 
Ordinances  No.  177  and  No.  194  are  and  each  of  them  is  hereby 
repealed. 

SECTION   III. 

This  Ordinance  shall  take  effect  from  and  after  its  final  passage 
and  approval. 


ORDINANCES.  25? 


OKDIXANCE   No.    1G9. 

(Approved   April   15,   1896.) 

An  Ordinance  Amending  Section  48  of  Ordinance  53,  Relating  to  the 
Offense  of  Misdemeanor,  Specifying  Acts  and  Omissions  Which, 
Within  the  City  of  Stockton,  Constitute  the  Same,  and  Fixing  the 
Penalties  Thereof,  Being  Originally  Ordinance  No.  324,  Approved 
March  31,  1891. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  48  of  Ordinance  No.  53,  relating  to  the  offense 
of  misdemeanor,  specifying  acts  and  omissions  which,  within  the  City 
of  Stockton,  constitute  the  same,  and  fixing  the  penalties  thereof, 
being  originally  Ordinance  No.  824,  approved  March  31,  1891,  is  hereby 
amended  so  as  to  read  as  follows: 

Sec.  48.     It  shall  be  unlawful  and  a  misdemeanor  for  any  person: 

1.  To  construct,  repair,  or  cause  to  be  constructed  or  repaired, 
of  or  with  any  material  other  than  stone,  brick,  cast  or  wrought  iron, 
mortar  or  cement,  any  part  of  any  external  or  party  wall  of  any  build- 
ing or  addition  thereto  within  the  fire  districts  of  the  City  of  Stockton,, 
as  the  same  now  are  or  may  hereafter  be  established  or  defined;  pro- 
vided, however,  that  the  roof  of  any  building  may  be  constructed  of  or 
covered  with  non-combustible  material. 

2.  To  refuse,  fail,  neglect  or  omit  in  constructing  or  erecting,  or 
causing  to  be  constructed  or  erected,  any  building  or  addition  thereto 
within  said  fire  districts,  to  continue  or  carry  up  any  external  or  party 
wall  thereto  at  least  two  feet  above  the  roof  of  such  building  or  addi- 
tion,  respectively. 

3.  To  cover,  Overlay,  construct,  erect  or  cause  to  be  covered^ 
overlaid,  erected  or  constructed  any  building  or  addition  thereto  within, 
said  fire  district,  with  or  by  any  combustible  material,  or  sheet  iron, 
galvanized  iron  or  wrought  iron,  except  the  roof  of  any  such  building, 
which  said  roof  may  be  constructed  of  or  covered  with  any  non- 
combustible  material. 

4.  To  move  to  or  upon  any  lot  within  said  fire  districts  from  any 
other  lot  or  place,  whether  within  or  without  said  fire  districts,  any 
building  or  addition  thereto,  which,  at  the  time  of  said  moving,  could 
not  be  lawfully  originally  constructed  upon  any  lot  in  said  fire  districts. 

5.  To  construct  or  cause  to  be  constructed  within  said  fire  dis- 
tricts any  sidewalk  or  curbing  of  wood  or  other  combustible  material. 

6.  To  attempt  to  do  or  omit  anything,  the  doing  or  omission 
of  which  is  in  this  section  declared  unlawful. 

7.  But  any  building  or  addition  thereto  which  at  the  time  of  its 
original  construction  was  constructed  of  material  then  lawful,  may 
though  within  said  fire  districts,  be  altered  or  repaired,  but  not 
enlarged  except  by  increasing  its  height,  with  material  like  that  of 
which  it  was  ori^nally  constructed,  if  such  alteration  or  repairing  be 
made  under  and  in  accordance  with  the  terms  of  a  permit  first  had 
from  the  City  Council,  upon  recommendation  of  the  Board  of  Police 
and  Fire  Commissioners;  and  neither  said  permit  nor  recommendation 
shall  be  granted,  allowed  or  made  unless  the  owner  of  the  said 
building  shall,  at  the  time  of  applying  for  said  permission,  file 
with  the  said  Board  of  Police  and  Fire  Commissioners,  written  plans 
and  specifications  of  the  proposed  work,  which  shall  be  to  the  satis- 


254  ORDINANCES. 


faction  of  said  Board  of  Police  and  Fire  Commissioners  and  the  Chief 
Engineer  of  the  Fire  Department,  and  in  no  case  shall  said  repairs  or 
alterations  be  permitted  if  said  repairs  or  alterations  shall  exceed  30 
per  cent  of  the  original  cost  of  the  building. 

8.  This  Ordinance  shall  be  in  force  and  effect  from  and  after  its 
passage  and  approval. 

ORDINANCE   No.   108. 

ifVlaking  It  a  Misdemeanor  for  Children  Under  Sixteen  Years  to  Get 
On  or  Off  Street  Cars,  Wagons  or  Trucks  While  in  Motion^  and 
Fixing  the  Penalty  for  Any  Violation  of  This  Ordinance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any  child 
or  minor  under  the  age  of  sixteen  years,  within  the  City  of  Stockton, 
to  get  on  or  attempt  to  get  on,  or  to  get  off  or  attempt  to  get  off,  any 
street  car,  train  of  street  cars  propelled  by  a  locomotive  engine,  elec- 
tric motor,  horse  or  horses,  or  an\  wagon  or  truck  drawn  by  one  or 
more  horses,  while  the  same  or  either  of  them  are  in  motion.  And 
any  child  under  the  age  of  sixteen  years  who  shall  violate  any  of  the 
provisions  of  this  Ordinance  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  on  conviction,  be  punished  by  a  fine  not  to  exceed  $50.00,  or 
by  imprisonment  not  to  exceed  one  month,  or  by  both  such  fine  an(r 
imprisonment. 

Sec.  2.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


OEDINANCE   No.   176. 

(Approved   September  2,   1896.) 

An  Ordinance  for  the  Protection  of  Improved  Public  Squares. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.    It  shall  be  unlawful  and  a  misdemeanor: 

1.  For  any  person  to  play  any  game  upon  any  improved  public 
square  in  the  City  of  Stockton. 

2.  For  any  person  to  climb  any  tree  or  tO'  injure  or  damage  any 
tree,  shrubbery,  or  flowers  or  grass,  upon  any  improved  public  square 
in  said  city. 

3.  For  any  person  to  wilfully  injure,  deface  or  damage  any  fence, 
bench,  seat  or  structure  of  any  kind  in,  upon  ot  around  any  improved 
public  square  in  said  city. 

4.  For  any  person  to  throw  or  place  upon  any  improved  public 
square  in  said  city  any  paper,  rubbish,  garbage  or  refuse  matter  of 
any  kind. 

Sec.  2.  Any  person  violating  any  provision  of  this  Ordinance 
shall  be  punished  as  provided  in  Section  74  of  Ordinance  No.  53  of 
the  Ordinances  of  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  approval. 


ORDINANCES.  255 


ORDINANCE   No.    181. 

(Approved   February   12,   1897.) 

An   Ordinance  for  the   Protection   of   Fire    Hydrants  and   Cisterns. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  No  person  shall  obstruct  any  hydrant  or  cistern  in 
siuch  manner  as  to  hide  it  from  view  at  any  point,  or  hinder  free 
access  thereto  by  an  eng-ine  or  hose  cart,  or  constinict  an  area  or  other 
wall  or  thing  so  as  to  interfere  in  any  manner  with  a  fire  hydrant 
below  the  level  of  the  curb. 

Sec.  2.  Any  person  violating  any  provision  of  this  Ordinance 
^hall  be  punished  as  provided  in  Section  74  of  Ordinance  No.  53  of  the 
Ordinances  of  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  approval. 

ORDINAXCE   No.   186. 

(Approved   May   7,   1897.) 

An  Ordinance  Prohibiting   Expectoration   in   Public  Places. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  aa 
follows: 

Section  1.  No  person  shall  expectorate  on  the  floor  of  any  public 
t)uilding,  or  on  any  sidewalk,  in  the  City  of  Stockton,  or  on  that  portion 
t>f  Hunter  street  included  within  the  railing  surrounding  the  public 
fountain  near  the  Intersection  of  Hunter  and  Main   streets. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  as  provided  in  Section  seventy-four  (74)  of  Ordinance  No.  53 
of  the  Ordinances  of  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  ap- 
proval. 


ORDINANCE   No.   187. 

(Approved  May  19,   1897.) 
Prohibiting    the    Placing    of    Advertisements    Upon    City    Property. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person 
to  post,  paste,  paint,  hang,  or  in  any  manner  or  way  place  uix>n  or 
affix  to  any  fence,  bridge,  wharf,  steamboat  shed,  building*  or  other 
property  belonging  to  the  City  cf  Stockton,  any  advertisement  or  ad- 
vertising matter  of  any  kind  or  nature. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  as  provided  in  Section  seventy-four  (74)  of  Ordinance  No.  5i 
of  the  Ordinances  of  the  City  of  Stockton. 


56  ORDINANCES. 


ORDINANCE   No.   205. 

(Approved  November   10,   1897.) 

Prohibiting  Any  Person  From  Wearing  Hats  and  Head  Covering  in 
Tlieaters  or  Places  of  Amusement  During  the  Performance. 
Proviso: 

Be  it  ordained  by   the   City  Council   of  the   City  of  Stockton   as. 
follows: 

Section  1.  No  person  shall  wear  any  hat  or  bonnet  or  other 
head  covering  within  any  licensed  theater  in  this  city  during  the 
rendition  of  any  programme  on  the  stage  or  platform  of  said  theater; 
but  every  such  hat.  bonnet  or  other  head  covering  shall  be  removed 
from  the  head  of  the  person  wearing  the  same  during  the  time  of  the 
performance  in  said  theater  or  during  the  rendition  of  the  programme 
on  the  stage  or  platform  of  said  theater;  provided,  however,  that  the 
above  inhibition  shall  not  be  held  to  include  skull-caps,  lace  covering.^ 
or  other  small  or  closely  fitting  headdress  or  covering  which  does  not 
interfere  with  or  obstruct  the  view  of  the  stage  or  platfonn  of  such 
theater  of  persons  in  the  rear  of  such  wearers  while  in  such  theater. 

Sec.  2,  No  person,  firm  or  corporation  having  the  lease,  manage- 
ment or  control  of  any  licensed  theater  shall  permit  any  person,  during 
the  time  of  performance  in  such  theater,  or  during  the  rendition  of  any 
programme  on,  the  stage  or  platfonn  of  said  theater,  to  wear  any  hat, 
bonnet  or  covering  for  the  head  contrary  to  the  provisions  of  Sectiori  1 
of  the  Ordinance;  and  every  person,  firm  or  corporation  having  tho 
lease,  management  or  control  of  any  licensed  theater  shall  give  notice 
of  the  provisions  of  this  Ordinance  by  distributing  or  causing  to  bet 
distributed,  at  or  before  the  commencement  of  such  performance  or  the» 
rendition  of  such  programme,  generally,  among  those  present  thereat, 
notices  of  said  Ordinance,  printed  or  otherwise,  published  on  cards, 
handbills  or  other  devices,  or  in  a  conspicuous  portion  of  the  printed 
programme. 

Sec.  3.  Any  person  who  shall  violate  the  provisions  of  Section  2 
of  this  Ordinance  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  punishable  by  a  fine  of  not  less  than  $10.00  nor  more 
than  $25.00,  or  by  imprisonment  in  the  County  .Jail  not  less  than  two 
days  nor  more  than  ten  days,  or  by  both  fine  and  imprisonment. 

Sec.  4.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and   approval: 

ORDINANCE   No.   241. 

(Approved  September  27,  1899.) 

An  Ordinance  to  Prohibit  the  Operation,  Maintenance,  Use  or  Conduct- 
ing of  Slot  Machines,  Card  Machines.  Tape  Machines  and  Other 
Mechanical  Devices  in  the  City  of  Stockton,  for  Money  or  Goods, 
Wares  or  Merchandise,  When  the  Result  of  the  Operation  or 
Action  of  Which   Is  Dependent  Upon  Chance  or  Hazard. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as. 
follows : 

Section  1,  It  shall  be  unlawful  and  a  misdemeanor  for  any  person, 
either  as  owner,  lessee,  agent,  employe,  mortgagee  or  otherwise,  to 
operate,    keep,    maintain,    rent,    use   or   conduct,    within   the    City   of 


ORDINANCES.  257 


Stockton,  any  clock,  tape,  slot  or  card  machine,  or  any  other  machine, 
contrivance  or  device  upon  which  money  is  staked  or  hazarded  upon 
chance  or  into  which  money  is  paid,  deposited  or  played,  upon  chance 
or  upon  the  result  of  the  action  of  which  money  or  any  other  article 
or  thing  of  value  is  staked,  bet,  hazarded,  won  or  lost  upon  chance. 

Sec.  2.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person, 
either  as  owner,  lessee,  agent,  employe,  mortgagee  or  otherwise,  to 
operate,  keep,  maintain,  rent,  use  or  conduct  within  the  City  of  Stock- 
ton, any  machine,  contrivance,  appliance  or  mecnanical  device,  upon 
the  result  of  the  action  of  which  money  or  other  valuable  thing  is 
staked  or  hazarded,  and  which  is  operated  or  played  by  placing  or 
depositing  therein  any  coin,  checks,  slugs,  balls  or  other  article  or 
device,  or  in  any  other  manner,  and  by  means  of  the  action  whereof, 
or  as  a  result  of  the  operation  of  which,  any  merchandise,  money, 
representative  or  article  of  value,  check  or  token  redeemable  in  or  ex- 
changeable for  money,  or  any  other  thing  of  value,  is  won  or  lost,  or 
taken  from  or  obtained  from  such  machine,  when  the  result  of  the 
action  or  operation  of  such  machine,  contrivance,  appliance  or  me- 
chanical device  is  dependent  upon  hazard  or  chance. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

ORDTXAXCE   No.   2U. 

(Approved  September  27,   1899.) 

An  Ordinance  Providing  for  the  Destruction  of  Weeds  Growing  or 
Standing  in  the  Sidewalk  Space  of  Real  Estate  Within  the  Cor- 
porate  Limits  of  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  is  hereby  made  the  duty  of  every  occupant,  agent, 
claimant  or  person  in  possession  or  control  of  any  real  estate  within 
the  corporate  limits  of  the  City  of  Stockton  to  cut  down  and  destroy, 
and  to  keep  cut  down  and  destroyed,  the  weeds  growing  or  standing 
In  the  sidewalk  space  in  front  of  the  premises  of  which  he  is  the 
owner,  occupant,  agent,  claimant,  or  of  which  he  has  possession  or 
control. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  as  provided  in  Section  seventy-four  (74)  of  Ordinance 
number  fifty-three   (53)  of  the  Ordinances  of  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  approval. 

OEDIXAXCE   No.   247. 

(Approved  December  12,   1899.) 

An  Ordinance  Prohibiting  Persons  From  Dealing,  Playing,  Opening 
or  Conducting  the  Gambling  Game  of  Keno,  or  Permitting  the 
Same  to  Be  Played,  Conducted  or  Carried  On  Within  the  City  of 
Stockton,  and   Prescribing  the   Penalty  for   Its  Violation. 

Be  it  ordained  by  the  City  (Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Every  person  who  deals,  plays,  or  carries  on,  opens 
or  causes  to  be  opened,  or  who  conducts,  either  as  owner  or  employe. 


258  ORDINANCES. 


whether  for  hire  or  not,  any  game  of  keno  played  with  cards,  dice,  or 
any  device  for  money,  chocks,  credit  or  other  representative  of  value, 
and  every  person  who  plays  or  bets  at  or  against  said  game,  is 
g^uilty  of  a  misdemeanor. 

Sec.  2.  Every  person  who  knowingly  permits  the  game  of  keno, 
mentioned  in  the  preceding  section,  to  be  played,  conducted  or  dealt 
in  any  house  owned  or  rented  by  said  person  in  whole  or  in  part,  is 
guilty  of  a  misdemeanor. 

Sec.  3.  Ordinance  No.  202  of  the  Ordinances  of  the  City  of 
Stockton  is  hereby  repealed;  and  all  Ordinances  in  conflict  with  this 
Ordinance  are  hereby  repealed. 

This  Ordinance  shall  take  effect  and  be  in  force  from  and  after 
its  approval. 

ORDINANCE   No.   265. 

(Approved   July   3,    1900.) 

An  Ordinance  Amending  Ordinance  No.  259  (Passed  to  Print  May 
22,  1900),  Being  an  Ordinance  Fixing  Certain  Rules  Governing 
Consumers  of  Water  Furnished  by  Any  Person,  Company  or 
Corporation  to  the  City  of  Stockton  or  to  the  Inhabitants  Thereof, 
and  Providing  a  Penalty  for  Its  Violation. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Section  1  of  Ordinance  No.  259  (passed  to  print  May 
22,  1900),  and  entitled  "An  Ordinance  fixing  certain  rules  governing 
consumers  of  water  furnished  by  any  person,  company  or  corporation 
to  the  City  of  Stockton,  or  to  the  inhabitants  thereof,  and  providing 
a  penalty  for  its  violation,"  is  hereby  amended  so-  as  to  read  as  follows: 

Section  1.  Consumers  using  water  for  irrigating  lawns,  gardens 
and  other  places  in  the  City  of  Stockton,  shall  use  the  same  only 
between  the  hours  of  5  o'clock  A.  M.  and  10  o'clock  A.  M.,  and  between 
the  hours  of  4  o'clock  P.  M.  and  10  o'clock  P.  M.,  during  the  months  of 
May,  June,  July,  August,  September  and  October. 

Sec.  2.  All  contractors  must  obtain  permits  from  the  person, 
company  or  corporation  furnishing  water  to  said  contractors  before 
using  water  for  mortar  or  brick  work  or  for  cement  sidewalks,  or  for 
plastering  or  cement  work.  No  consumer  of  water  shall  allow  any 
contractor  or  contractors  to  use  water  except  such  contractor  or 
contractors  produce  the  pennit  required  by  this  section. 

Sec.  3.  The  sprinkling  of  streets,  alleys  and  public  grounds  from 
private  hydrants  is   prohibited. 

Sec.  4.  Service  with  the  main  can  only  be  made  by  the  person, 
company  or  corporation  furnishing  water  upon  a  deposit  of  $8.00  being 
first  made  for  the  same  by  the  applicant  therefor.  No  person  except 
the  authorized  agent  of  the  person,  company  or  corporation  furnishing 
water  shall  turn  the  water  on  any  building  or  premises  without  the 
written  permit  of  the  Superintendent  of  the  person,  company  or 
corporation  furnishing  such  water. 

Sec.  5.  The  person,  company  or  corporation  furnishing  water 
shall,  by  and  through  its  agents,  be  allowed  free  access  at  reasonable 
hours  during  the  day  to  any  place,  for  the  purpose  of  making  personal 
examination  of  the  premises  of  any  applicant  for  or  consumer  of 
water  for  the  purpose  of  designating  the  rate  to  be  established,  and 


ORDINANCES.  25^ 


for  the  inspection  of  the  water  pipes  and  other  apparatus  in  connection 
therewith. 

Sec.  6.  Any  person  who  shall  violate  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor. 

Se<;.  7.  This  Ordinance  shall  take  effect  from  and  after  its 
passag^e  and  approval.         

OKDINANCE   No.   289. 

(Approved    April    30,    1901.) 

-An  Ordinance  Requiring  Persons  Carrying  On  or  Conducting  in  the 
City  of  Stockton  the  Business  Commonly  Known  as  That  of  Pawn- 
broker, Second-Hand  Dealer  or  Second-Hand  Store,  to  Keep  a 
Record  Book  in  Which  Shall  Be  Entered  in  the  English  Language 
a  Description  of  All  the  Property  Purchased  by  Them  or  Deposited 
With  Them,  With  the  Price  Paid  Therefor,  or  the  Amount  Loaned 
Thereon,  and  the  Name  and  Signature  of  the  Seller  or  Depositor 
Thereof;  and  Providing  That  Such  Record  Book  Shall  Be  Open 
for  Inspection  of  Police  Officers,  and  Requiring  the  Custody  and 
Possession  of  Said  Property  to  Be  Retained  by  Said  Persons  Con- 
ducting Said  Business  of  Pawnbroker,  Second-Hand  Dealer  or 
Second-Hand  Store;  and  Providing  a  Penalty  for  the  Violation  of 
the  Same. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Every  person  who  conducts  or  carries  on  as  owner, 
or  otherwise,  within  the  limits  of  the  City  of  Stockton,  the  business 
and  occupation  commonly  known  as  and  called  that  of  pawnbroker, 
second-hand  dealer,  or  second-hand  store,  or  who'  owns,  conducts  or 
-carries  on  the  business  of  buying  and  selling  goods,  wares!,  mer- 
chandise or  other  articles  or  property  at  second  hand,  shall  keep  at 
^uch  place  of  business  a  record  book  in  which  shall,  at  the  time  of 
purchase  or  deposit  thereof,  be  entered  in  the  English  language  by 
such  person  carrying  on  or  conducting  said  business,  a  description 
sufficient  for  identification  of  all  goods,  wares,  merchandise  or  other 
articles  of  property  so  purchased  or  deposited,  the  price  paid  there- 
for or  the  amount  loaned  thereon  by  said  person  carrying  on  or  con- 
ducting said  business,  and  the  name  and  signature  of  the  person  sell- 
ing or  depositing  the  same:  and  if  the  articles  of  merchandise  pur- 
chased by  or  deposited  with  such  owner  or  dealer,  or  by  any  pawn- 
broker, or  keeper  of  a  pawn  shop,  be  purchased  at  private  sale  and  be 
capable  of  manual  delivery  and  transmission,  such  articles  of  mer- 
chandise shall  be  by  such  owner,  or  dealer,  or  keeper,  or  pawnbroker, 
retained  in  the  custody  and  possession  of  such  owner,  or  dealer,  or 
keeper,  or  pawnbroker,  for  a  period  of  not  less  than  fifteen  days  after 
such  purchase  shall  be  made. 

Sec.  2.  The  said  record  book  referred  to  in  Section  1  hereof  shall 
be  open  at  all  times  for  inspection  by  any  Sheriff,  police  officer,  Con- 
.stable,  or  other  peace  officer:  and  shall  not  in  any  manner  be  con- 
cealed from  them.  And  the  said  goods,  wares,  merchandise  and  other 
articles  of  property  referred  to  in  Section  1  shall,  upon  demand,  be 
shown  or  exhibited  to  any  Sheriff,  i3olice  officer,  Constable  or  other 
peace  officer,  and  shall  not  in  any  manner  be  concealed  from  them. 

Sec.  3.  Any  person  violating  any  provisions  of  this  Ordinance 
shall   be  guilty  of  a   misdemeanor. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  final  passage  and  approval. 


260  ORDINANCES. 


GUI )1  NANCE    No.    130. 

Defining  Certain  Misdemeanors  in  Relation  to  the  Connection  of 
Privies,  Cesspools,  Sinks,  Drains  and  Conduits  With  the  Streer 
Sewers,  and  to  Apparatus  for  Flushing  or  Cleansing  the  Same. 

Be  it  ordained  by   the   City  Council   of  the   City  of   Stockton   as- 
follows: 

Section  1.     It  shall  he  unlawful  and  a  misdemeanor: 

1.  For  any  person  to  construct,  after  the  fifteenth  day  of  Sep- 
tember, 1893,  or  to  suffer  to  be  or  remain  after  the  thirty-first  day  of 
December,  1893',  upon  premises  owned  or  controlled  by  such  person, 
any  privy,  privy  vault,  cesspool,  sink  or  drain,  unless  the  same  be 
connected  in  the  manner  required  by  law  with  the  street  sewer  in  the^ 
street  on  which  said  premises  are  situated  or  abut.  The  foregoing 
provision  shall  not,  however,  apply  in  case  there  be  no  street  sewer 
in  the  street  on  which  said  premises  are  situated  or  abut;  and  in  such, 
case  privies,  privy  vaults,  cesspools,  sinks  or  drains  not  so  as  afore- 
said connected,  may  be  constructed  or  suffered  to  remain  on  such 
premises,  subject  to  and  in  conformity  with  the  regulations  from  time 
to  time  prescribed  therefor  by  law. 

2.  For  any  person  to  construct  after  the  fifteenth  day  of  Septem- 
ber, 1893,  or  suffer  to  be  or  remain  after  the  thirty-first  day  of  De- 
cember, 1893,  upon  premises  owned  or  controlled  by  such  person,  any 
drain  or  branch  sewer  connected  with  anv  dwelling-house  or  building, 
or  with  any  privy,  privy  vault,  cesspool,  sink  or  drain,  unless  such 
drain  or  branch  sewer  be  provided  with  some  apparatus  or  means  by 
which  such  privj^  privy  vault,  cesspool,  sink,  drain  and  branch  sewer 
can  be  effectually  cleansed  or  flushed,  and  also  constructed,  laid  and 
trapped  as  required  by  law. 

3.  For  any  person  to  connect  any  open  gutter,  any  rainwater 
conductor  or  conduit  of  surface  water  with  any  public  sewer  or  drain, 
or  with  any  private  sewer  or  drain  connected  with  any  public  sewer 
or  drain,  or  in  any  manrer  to  discharge  or  conduct  rainwater  or  sur- 
face water  into  any  public  sewer  or  drain  or  into  any  private  sewer 
or  drain  connected  with  any  public  sewer  or  drain;  provided,  however, 
nothing  in  this  subdivision  contained  shall  apply  to  the  drainage  of 
rain  or  surface  water  into  the  catch-basins  of  sewers  or  drains  which 
are  a  part  of  the  surface  drainage  system  of  the  City  of  Stockton. 


ORDINANCE   No.   347. 

(Approved  J\ily  ?S,   1903.)      O.  B.   6—334. 
An  Ordinance   Regulating  the  Speed  of  Automobiles  and  Other  Motor 
Vehicles    and    Cars    Within    the    Corporate    Limits   of   the    City   of 
Stockton. 

Be  jt  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
person  having  command,  charge  or  control  as  chauffeur,  engineer,  con- 
ductor or  otherwise  of  any  automobile  or  other  motor  vehicle  cr  car, 
propelled  by  steam,  electricity,  gasoline  or  oth<jr  source  of  energy,  to 
order,  cause,  drive,  permit  or  suffer  the  same  to  run,  be  propelled,  be 
driven,  or  to  cravel  on  any  street,  public  way  or  driveway  within  the 
corporate  limits  of  the  City  of  Stockton  at  a  rate  ot  speed  greater  than 
eight  miles  per  hour. 

Sec.  2.  This  Ordinance  shall  take  sfiect  frojn  and  alter  final 
passage  and  approval. 


ORDINANCES.  261 


OTIDINAXCE   No.   348. 

(Approved  July  28,  1903  )     O.  IJ.  <>— ]tS.    ■ 

An  Ordinance  Prohibiting  Any  Person  From  Hauling  or  Running  Any 
Vehicle  or  Piece  of  Machinery  Having  Any  Projections  Attached 
To  or  Upon  the  Tire  of  Any  Wheel  or  Whee!-?  Thereof,  Along, 
Across.  Over  or  Upon  the  Streets,  Avenues,  Roadv/ays,  Drive- 
ways, Public  Ways  or  Thoroughfares  Within  th3  Corporate  Limits 
of  the  City  of  Stockton,  Which  Have  Been  Improved  by  Paving 
With  Asphalt,  Bitumen  or  Similar  Paving  Substance. 

Be  it  ordained   by  the   City   Council   .^f  tlie   City  of   Stockton   as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  niisdcme'inor  tor  any  i>ersoii 
to  drive,  pull,  draw,  haul,  run,  propel  or  convey,  by  any  means  what- 
soever, along,  across,  over  or  upon  any  street,  avenue,  roadway,  drive- 
way, public  way  or  thoroughfare,  within  th-?  corporai«3  limits  of  the 
City  of  Stx)ckton,  which  has  been  improved,  or  that  is  in  course  of  im- 
provement, by  paving  with  asphalt,  bitumen.  basrJt  or  any  similar 
paving  substance  or  substances,  any  harvester,  traction  engine  or  any 
similar  piece  of  machinery,  or  any  vehicle  having  attached  to  or  upon 
the  tire  of  ajiy  wheel  or  wheels  thereof,  or  liaving  aitached  to  or 
upon  the  tire  of  any  extension  or  extensions  o^  any  wheel  or  wheels 
thereof,  any  growser  or  growsers,  grab  or  grabs,  cleat  or  cleats,  toe 
or  toes,  flange  or  flanges,  or  any  similar  projection  or  i)rojectians,  of 
any  size  or  kind  whatsoever,  which  extend  beyond  the  traveling  or 
bearing  surface  of  the  tire  of  any  wheel  or  vvho9ls  thereof,  or  of  any 
extension  or  extensions  of  any  wheel  or  wheels    tliareof. 

*Sec.  2.     This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

ORDTXANCE   No.   355. 

(Approved  November  24,   1903.)      O.  B.   6 — 367. 

An  Ordinance  Amending  Section  26  of  Ordinance  No.  53,  Relating  to 
the  Offense  of  Misdemeanor — Specifying  Acts  and  Omissions 
Which,  Within  the  City  of  Stockton,  Constitute  the  Same,  and 
Giving  the   Penalties  Therefor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  twenty-six  (26)  of  Ordinance  No.  53,  relating 
to  the  offense  of  misdemeanor;  specifying  acts  and  omissions  which, 
within  the  City  of  Stockton,  constitute  the  same,  and  giving  the  penal- 
ties therefor,  is  hereby  amended  to  read  as  follows: 

Section  26.  It  shall  be  unlawful  and  a  misdemeanor  to  drive,  or 
cause  to  be  driven,  any  number  greater  than  two  of  loose  sheep,  hogs, 
goats,  horses,  mules  or  homed  cattle  on  or  along  any  street,  avenue, 
public  way,  public  square  or  public  place  in  the  City  of  Stockton; 
provided,  that  any  number  of  said  animals  may,  under  the  care  of 
persons  sufficient  in  number,  skill  and  diligence  to  control  the  same, 
be  driven  on  and  along  the  following-named  public  ways  and  part^ 
thereof:  North  street.  East  street  from  North  street  to  south  line  of 
Worth  street;  Worth  street,  from  East  street  to  west  line  of  Ophir 
street;  Ophir  street,  from  Worth  street  to  south  line  of  Anderson 
street;    Anderson  street,   from   Ophir  street  to  west  line  of  Pilgrim; 


262  ORDINANCES. 


Pilgrim  street  from  Anderson  to  South;  South  street,  Center  street 
from  South  street  to  Stockton  Channel;  Weber  avenue  and  Levee, 
from  West  street  to  east  line  of  El  Dorado  street;  EI  Dorado  street, 
from  south  line  of  Weber  avenue  to  north  line  of  Channel  street; 
Chajinel  street  and  Commodores  Levee,  from  El  Dorado  street  to 
westerly  point  of  Commodore's  Levee;  Lafayette  street,  from  Bast 
street  to  way  of  Western  Pacific  Railroad  on  Sacramento  street. 

Sec.  2.     This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

OTIDTNANCE   No.   357. 

(Approved  December  21,   1903.)      O.  B.   6—371. 

An  Ordinance  Prohibiting  Persons  From  Engaging  in  Selling  Pools 
or  Bookmaking,  or  Making  Bets  or  Wagers  on  Horse  Races  Where^ 
in  Money  or  Other  Articles  of  Value  A>~e  Staked  or  Pledged,  or  In 
the  Placing  of  Money  for  Such  Purposes  by  Carriers,  Agents, 
Brokers   or   Commissioners. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  No  person  upon  any  trial  or  contest  of  skill,  speed  or 
power  of  endurance  between  horses,  shall,  within  the  City  of  Stockton, 
sell  any  pool  or  pools,  or  make  any  book,  list  or  memorandum  for  or  on 
which  money  or  other  articles  of  value  shnll  be  received  or  entered  up, 
listed  or  written,  or  receive  any  money  or  other  article  of  value  as  a 
stake  or  pledge,  upon  the  happening  or  non-happening  of  any  event; 
or  sell,  issue  or  dispose  of  any  ticket,  certificate  or  other  evidence  of 
payment,  on  which  shall  be  inscribed,  written,  marked  or  printed  any 
number,  name,  word  or  mark,  or  anything  tO'  designate  the  choice 
selected,  received  or  accepted  by  any  other  person  to  entitle  or  enable 
the  said  person  holding  the  said  ticket,  certificate  or  other  evidence  of 
payment,  to  gain  or  lose  on  any  contingent  issue;  or  receive  any 
money,  or  any  article  of  value,  or  anything  representing  money  or  any 
article  cf  value,  as,  a  bet,  wager  or  hazard,  upon  the  event  of  any 
contest  or  contingent  issue,  or  as  a.  stake  or  pledge  between  two  or 
more  parlies,  or  to  disburse  the  said  money,  or  any  portion  of  the  saij 
money,  or  anything  representing  money  or  other  article  of  value,  upon 
any  representation  or  condition,  or  in  conformity  to  or  with  any  express 
or  tacit  understanding  or  agreement,  or  receive  any  money,  or  article 
of  value,  or  representative  of  money  or  article  of  value,  in  any  capacity 
whatsoever,  for  the  purpose  of  taking  or  sending  the  same  to  any  fair 
or  race  track  inclosure,  either  within  or  without  this  State,  where 
such  contest  of  skill,  speed  or  power  ot  endurance  is  being  held,  to  be 
registered,  placed,  wagered  or  bet  at  such  fair,  or  within  said  track  or 
inclosure,  upon  the  result  of  such  contest  of  skill,  speed  or  power  of 
endurance  of  such  horses  there  being  held  or  carried  on. 

Sec.  2.  No  person  shall  knowingly  lease  or  rent  or  allow  to  be 
occupied  or  used  any  building,  structure,  room,  apartment,  place  or  any 
premises  whatever  situate  within  the  City  of  Stockton  for  the  pur- 
poses specified,  mentioned  and  prohibited  in  Section  1  oi  this  Ordi- 
nance. 

Sec.  3.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  as  provided  in  Section  seventy-four  (74)  of  Ordinance  No.  ^',i 
of  the  Ordinances  of  the  City  of  Stockton. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  thirty 
days  from  and  after  its  final  passage  and  approval. 


ORDINANCES.  26T 


OEDTNAXOE   No.   c^GO. 

(Approved  January  12,  1904.)     O.  B.  6—382. 

An  Ordinance  Amending  Section  21  of  Ordinance  No.  53,  Relating  to 
the  Offense  of  IVIisdemeanor,  Specifying  Acts  and  Omissions  Which, 
Within  the  City  of  Stockton,  Constitute  the  Same,  and  Fixing  the 
Penalties  Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  21  of  Ordinance  No.  53,  relating  to  the  offense 
of  misdemeanor,  specifying  acts  and  omissions,  which,  within  the  City 
of  Stockton,  constitute  the  same,  and  fixing  the  penalties  thereof,  is 
hereby  amended  to  read  as  follovv's: 

Section  21.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
person : 

1.  To  construct,  place  or  cause  to  be  constructed  or  placed,  any 
bay  or  oriel  window,  swell  front  or  any  similar  structure  projecting 
over  the  line  of  any  public  street  or  way  which  so'  projects  more  than 
three  feet  or  exceeds  eight  and  one-half  feet  in  width,  or  is  at  the 
base  or  bottom  thereof  less  than  thirteen  feet  vertically  above  the 
official  grade  of  such  street  or  way;  or  to  construct,  place,  or  cause 
to  be  constructed  or  placed  any  such  window,  front  or  structure  which 
projects  at  all  over  the  line  of  a  public  street  or  way  without  first 
having  a  permit  to  so  do  from  the  City  Council  approved  by  the  Mayor. 

2.  To  suspend  or  place,  or,  being  owner  or  occupant  of  any 
premises,  to  suffer  or  permit  to  remain  suspended  or  placed  from  or 
on  said  premises,  over,  above  or  across  any  street,  sidewalk  or  other 
public  way,  any  sign,  placard,  banner  or  advertisement.  But  the 
foregoing  provisions  shall  not  apply  to  any  temporary  display  on  any 
holiday,  election  day  or  occasion  of  public  parade,  or  to  any  lettering 
on  the  globe,  shade  or  other  ordinary  inclosure  of  any  gas  or  electric 
lamp,  when  the  same  shall  have  been  suspended  or  placed  safely  and 
securely  to  the  satisfaction  of  the  Supenntendent  of  Streets,  and 
when,  in  the  case  of  such  temporary  display,  the  same  shall  not  have 
been  by  the  Superintendent  of  Streets  ordered  to  be  removed  or  taken 
down.  Nor  shall  such  provisions  apply  to  a  sign  attached  to  a  door- 
v;ay,  if  the  same  does  not  project  more  than  eighteen  inches  over  and 
beyond  the  inner  line  of  the  sidewalk,  and  is  not  less  than  seven  feet 
above  the  sidewalk.  Nor  shall  the  foregoing  provisions  apply  to 
incandescent  electric  light  signs  not  exceeding  five  feet  in  vertical 
dimensions,  fastened  to  a  metal  frame,  and  extending  over  the  side- 
walk; provided  no  part  of  said  sign  shall  be  less  than  ten  (10)  feet 
above  the  sidewalk,  nor  project  beyond  the  outer  edge  of  the  side- 
v/alk;  and  further  provided,  that  said  sign  and  metal  frame  shall  bo 
attached  to  the  building  by  means  of  suitable  hinges  or  sockets  in 
such  a  manner  as  will  permit  said  signs  to  be  swung  back  parallel 
to  and  against  the  building,  and  not  project  more  than  eighteen  (18) 
inches  from  the  face  of  the  buildings  or  pillars  against  which  said 
Sign  will  be  placed  when  swung  back;  and  further  provided  that  said 
incandescent  electric  light  signs  shall  not  be  extended  over  or  across 
the  sidewalk  except  between  the  hours  of  5  P.  M.  of  one  day  and 
8  A.  M.  of  ihe  next  succeeding  day,  and  shall  be  continuously 
illuminated  when  so  extended.    No  incandescent  electric  light  sign  of 


264  ORDINANCES. 


the  above  description  shall  be  attached  to  any  building  until  a  written 
peiTnit  has  been  received  from  the  Superintendent  of  Streets  author- 
izing its  erection. 

Sec.  2.     This   Ordinance    shall   be   in   force  and  effect   from   and 
after  its  final  passage  and  approval. 


ORDINANCE   No.   373. 

(Approved   June   28,   1904.)      O.   B.   7—7. 

An  Ordinance  Amending  Section  2  of  Ordinance  No.  53,  Relating  to  the 
Offense  of  Misdemeanor,  Specifying  Acts  and  Omissions,  Which, 
Within  the  City  of  Stockton,  Constitute  the  Same,  and  Fixing  the 
Penalties  Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Section  2  of  Ordinance  No.  53,  relating  to  the  offense 
of  misdemeanor,  specifying  acts  and  omissions,  which,  within  the 
City  of  Stockton,  constitute  the  same,  and  fixing  the  penalties  thereof, 
is  hereby  amended  so  as  to  read  as  follows: 

Section  2.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
person : 

1.  To  fire,  shoot  or  discbarge,  within  the  limits  of  the  City  of 
Stockton,  any  bow,  airgim  or  other  device  whereby  a  shot,  bullet  or 
other  missile  is  projected:  or  to  fire,  shoot  or  discharge  within  thei 
limits  of  the  City  of  Stockton,  any  pistol,  gun,  rifle,  firearm,  cannon, 
anvil  or  other  device  loaded  with  powder  or  other  explosive,  whereby 
a  shot,  bullet  or  other  missile  is  projected;  or  to  fire,  shoot  or  dis- 
charge, within  the  limits  of  the  City  of  Stockton,  any  pistol,  gun, 
lifle,  firearm,  cannon,  anvil  or  other  device  whereby  any  cartridge  or 
blank  cartridge  or  explosive  cap  of  any  description  is  exploded,  shot, 
fired  or  discharged;  provided  that,  with  the  written  permission  of  the 
Mayor  first  had,  cannon  or  anvils  may  be  discharged  at  any  such  point 
as  is  in  such  permission  specified,  and  that  any  person  may,  within 
or  upon  his  ovn  inclosure.  shoot  dangerous  or  destructive  beasts. 

2.  To  fire,  discharge  or  set  off,  within  the  limits  of  the  City  of 
Stockton,  any  cracker,  roclvet,  bomb,  torpedo,  squib,  chaser,  Roman 
candle  or  any  other  kind  of  fireworks,  except  on  legal  holidays,  fete 
days  or  occasions  of  public  parade,  or  on  such  other  days  as  may  be 
permitted  by  a  written  permission  of  the  Chief  of  Police  first  had  and 
obtained,  and  only  at  such  place  or  places  as  may  be  in  such  permis- 
sion specified;  provided,  however,  that,  in  any  event,  the  firing,  dis- 
charging or  setting  oft"  of  any  fireworks  shall  be  in  compliance  with 
and  under  such  rules,  regulations  and  restrictions  as  may  be  here- 
after provided  and  established  by  the  Board  of  Police  and  Fire  Com- 
missioners of  the  City  of  Stockton. 

Sec.  2.  This  Ordinance  shall  be  in  force  and  effect  from  and 
after  its  passage  and  approval. 

OEDTNANCE   No.   382. 

(Approved  November  16,  1P04.)     O.  B.  7—22. 

An  Ordinance  Prohibiting  the  Cutting  Down  or  Removal  of  Trees  in 
Any  of  the  Pubi'c  Streets  or  Squares  of  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
fellows: 

Section  1.     It  shall  be  unlawful  for  any  person  or  persons  to  cut 


ORDINANCES.  265 


down,  remove  or  mutilate  any  tree  or  trees  growing-  upon  any  of  the 
streets  or  public  squares  of  the  City  of  Stockton,  except  by  permis- 
sion from  the  Board  of  Public  Works. 

Sec.  2.  Any  person  violating  this  Ordinance  shall  be  deemed 
gi'ilty  of  a  misdemeanor. 

Sec.  3.  This  Ordinance  shall  take  effect  immediately  upon  its 
pn&sage  and  approval. 

OKDIXANOE   No.  393. 

(Approved  June   2,   1905.)      O.   B.   7 — ii. 

An  Ordinance  Prohibiting  the  Keeping  of  Hogs,  Shoats  or  Pigs  Within 
the  Limits  of  the  City  of  Stockton,  Providing  a  Penalty  Therefor, 
and  Making  Exceptions  in  Case  of  Hogs,  Shoats  and  Pigs  in 
Transportation  Through  the  City. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any  per- 
son, fiiTu  or  corporation  to  keep  in  any  sty,  pen  or  other  inclosure,  or  to 
have  in  his.  their  or  its  possession,  within  the  limits  of  the  City  of 
•Stockton,  any  live  hog  or  hogs,  shoat  or  shoats,  pig  or  pigs;  provided, 
however,  that  it  shall  not  be  unlawful  under  the  provisions  of  this 
Ordinance  to  transport  or  carry  through  the  City  of  Stockton  any 
hog  or  hog-s,  shoat  or  shoats,  pig  or  pigs;  provided,  that  any 
hog  or  hogs,  shoat  or  shoats,  pig  or  pigs,  being  transported  or  carried 
through  the  City  of  Stockton,  shall  not  remain  within  the  limits  of  the 
City  of  Stockton  for  a  longer  period  of  time  than  twenty-four  hours 
from  the  time  of  entry  thereof  into  the  said  city. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  as  provided  in  Section  74  of  Ordinance  No.  33  of  the  Ordi- 
nances of  the  City  of  Stockton. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 

OEDTXANCE   No.   400. 

(Approved  March  13,  1906.)     O.  B.  7—69. 
Requiring   Lights  to   Be   Placed  on   Obstructions   in   Public  Streets. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows : 

Section  1.  Every  person,  firm  or  corporation  by  whom  or  under 
whose  immediate  direction  rvr  nuthority,  either  as  principal,  contractor 
or  employer,  any  portion  of  any  public  street  may  be  made  dangerous 
T3y  the  placing  of  any  obstruction  therein,  must,  so  long  as  said  danger 
may  continue,  place  and  maintain  on  such  obstruction  sufficient  light 
or  lights  during  eveiT  night  from  sunset  until  daylight,  to  warn  per- 
sons of  the  presence  of  such  obstruction. 

Sec.  2.  An.y  person,  firm  or  corporation  violating  the  provisions 
of  this  Ordinance  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


266  ORDINANCES. 


ORDINANCE  No.   411. 

(Approved  March  30,  1906.)     O'.  B.  7—74. 

An  Ordinance  Prohibiting  Any  Person,  Firm  or  Corporation  Front 
Erecting  Any  Building  or  Striictu^'e,  or  Adding  to  or  Extending 
Any  Bjilding  or  Structure  Already  Erected  in  the  City  of  Stock- 
ton, Without  First  Obtaining  a  Permit  From  the  City  Clerk,  Paying 
a  Fee  for  Such  Permit;  Requiring  the  City  Clerk  to  Keep  a  Record 
of  Such  Applications  and  Permits;  Providing  for  the  Issuance  of 
Permits  Within  the  Fire  Limits  of  the  City;  Requiring  the  City 
Clerk  to  File  ^  Report  With  the  City  Council;  Providing  for  the 
Repeal  of  Ordinance?  in  Conflict  Herewith,  and  Fixing  a  Penalty 
for  the  Violation  of  This  Ordinance. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows:  * 

Section  1.  Every  person,  firm  or  corporation,  either  as  owner, 
agent,  builder  or  architect,  shall  not  erect  or  cause  to  be  erected  any 
building  or  structure,  or  add  to,  enlarge  or  extend,  or  cause  toi  be 
added  to,  enlarged  or  extended,  any  building  or  structure  already 
erected  in  the  City  of  Stockton,  without  first  obtaining  a  permit  there- 
for from  the  City  Clerk. 

The  application  for  such  permit  shall  be  made  upon  blanks  fur- 
nished by  the  City  Clerk  for  that  purpose,  and  shall  state  the  exact 
location  of  said  building  or  structure  to  be  erected,  the  material  to  bo 
used  in  such  construction,  and  the  estimated  cost  of  said  proposed 
building  or  structure. 

Sec.  2.  The  City  Clerk,  upon  filing  such  application  for  such  per- 
mit, shall  issue  to  the  person  applying  therefor  a  permit,  and  shall 
keep  a  record  of  all  applications  and  issuances  of  such  permits,  and. 
must  charge  and  collect  from,  the  person  to'  whom  such  permit  is 
issued  a  fee  as  provided  herein,  and  pay  all  moneys  so  collected  into 
the  City  Treasury. 

If  the  estimated  cost  of  said  building  or  structure,  or  alterations, 
shall  be  less  than  $500,  a  fee  of  50  cents. 

If  the  estimated  cost  is  $500  or  more  and  less  than  $1,000,  a 
fee  of  $1.00. 

If  the  estimated  cost  is  $1,000  or  more  and  less  than  $5,000,  a 
fee  of  $2.00. 

If  the  estimated  cost  is  Sf5,000  or  more  and  less  than  $10,000,  a 
fee  of  $5.00. 

And  the  sum  of  $1.00  for  every  $5,000  or  fraction  thereof  in  excess 
of  $10,000. 

Sec.  3.  The  City  Clerk  shall  not  issue  a  permit  to  any  person  for 
the  construction,  alteration  or  repair  of  any  building  or  structure 
within  the  fire  limits  of  this  city  until  he  first  shall  have  received  from 
the  Chief  Engineer  of  the  Fire  Department  a  certificate  setting  forth 
the  fact  that  the  applicant  has  complied  with  the  laws  and  Ordinances 
relative  to  the  construction,  alteration  and  repair  of  buildings  or  struc- 
tures within  the  fire  limits  of  the  City  of  Stockton. 

The  City  Clerk  shall  keep  a  record  of  the  cost  of  all  such  buildings 
or  repairs,  and  shall  file  with  the  City  Council  on  the  first  Monday 
of  January  of  each  year  a  report  setting  forth  the  number  of  buildings 
and  repairs  made  during  the  preceding  year  and  the  location  and  cost 
of  same. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of  this  Ordi- 
nance shall  be  deemed  guilty  of  a  misdemeanor. 


ORDINANCES.  267 


Sec.  5.  All  Ordinances  and  parts  of  Ordinances  in  conflict  witbr 
this  Ordinance  are  hereby  repealed. 

Sec.  6.  This  Ordinance  shall  take  effect  and  be  in  force  from  ani 
after  its  passage  and  approval. 

OEDTNANCE   No.   412. 

(Approved  March  30,  1906.)     O.  B.  7—76. 

An  Ordinance  Requiring  All  Persons,  Companies  or  Corporations  Own-- 
ing  and  Operating  or  Operating  Railways  of  All  Kinds  Within  the 
City  of  Stockton,  to  Keep  Thst  Part  of  the  Streets  Occupied  by 
Their  Track  or  Tracks,  and  for  Two  Feet  on  Each  Side  Thereof, 
Sprinkled  Sufficiently  to  Keep  the  Same  Free  From  Dust,  and 
Permitting  the  Use  of  Oil  for  That  Purpose  ini  Certain  Cases; 
Prescribing  the  Powers  and  Duties  of  the  Superintendent  of 
Streets  in  Relation  Thereto,  and  Declaring  Certain  Acts  to  Be  a 
Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  the  duty  of  any  person,  company  or  cor- 
poration owning  and  operating  or  operating  cars  on  or  over  any  rail- 
way track  or  tracks  on  any  public  street  or  streets  in  the  City  of 
Stockton  to  sprinkle  the  surface  of  each  street  occupied  or  used  by 
said  track  or  tracks  between  the  rails  and  for  two  feet  on  each  side 
thereof,  and  between  the  tracks  if  there  be  more  than  one  track,  in 
such  manner  as  at  all  times  when  cars  are  being  operated  over  such 
track  or  tracks  effectually  to  keep  the  dust  laid  on  that  part  of  the 
surface  of  such  street  lying  between  said  rails,  and  within  two  feet 
on  each  side  thereof,  and  between  said  tracks. 

Sec.  2.  The  sprinkling  herein  prescribed  shall  be  done  with, 
water,  and  at  such  time  or  times  during  the  day  or  night  as  directed 
and  prescribed  by  the  Superintendent  of  Streets;  provided,  that  any 
such  person,  company  or  corporation  may,  with  the  written  permis- 
sion and  under  the  direction  of  said  Superintendent  of  Streets,  use  oil 
for  sprinkling  the  v/hole  or  any  portion  of  said  track  or  tracks,  and 
of  said  space  between  said  tracks  and  on  each  side  thereof. 

Sec.  3.  It  shall  be  the  duty  of  the  Superintendent  of  Streets  to 
enforce  ihe  strict  observance  of  this  Ordinance. 

Sec.  4.  Any  person,  company-  or  corporation  owning  and  oper- 
ating or  operating  railways  of  any  kind  within  the  City  of  Stockton 
who  shall  violate  any  of  the  provisions  of  this  Ordinance  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  5.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval.  

ORDINAKOE  No.   416. 

(Approved  June  12,  1906.)      O.  B.   7—82. 

An  Ordinance  Prohibiting  the  Delivery  or  Deposit  of  Drugs,  Medicines, 
Antiseptics,  Disinfectants,  Cosmetics,  Either  for  Internal  or  Ex- 
ternal Use,  Upon  the  Doorstep  or  Premises  of  Another,  and  Declar* 
ing  Certain  Acts  to  Be  a   Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as. 
follows: 

Section  1.  No  person,  firm  or  corporation,  by  him  or  themselves, 
his  or  their  servant  or  agent,  or  as  the  servant  or  agent  of  any  person^ 


268  ORDINANCES. 


firm  or  corpo-ration,  shall  leave,  throw  or  deposit  upon  the  doorstep 
or  premises  owned  or  occupied  by  another,  or  deliver  to  any  child  under 
fourteen  years  of  age,  any  patent  or  proprietary  medicine,  or  any  pill, 
cosmetic,  disinfectant,  antiseptic,  or  any  drug  or  medicine  that  cam- 
tains  poison  or  any  ingredient  that  is  deleterious  to  health,  as  a 
sample,  or  in  any  quantity  whatever,  for  the  purpose  of  advertisdng. 

Sec.  2.  The  terai  drug,  medicine,  patent  or  proprietary  medicine, 
pill,  powder,  cosmetic,  disinfectant  or  antiseptic  used  in  this  Ordi- 
nance shall  include  all  remedies  for  internal  or  external  use,  either 
in  package  or  bulk,  simple,  mixed  or  compound. 

Sec.  3.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  Ordinance  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

ORDINANCE  No.   420. 

(Approved  June  26,  1906.)     O.  B.   7—93. 

An  Ordinance  Prohibiting  the  Obstruction  of  Sidewalks  or  Streets 
by  Bushes  or  Hedges,  and  Prohibiting  the  Growth  and  Existence 
of  Weeds  Upon  Sidewalks  and  Premises,  and  Prohibiting  the 
Depositing  or  Accumulating  of  Rubbish  and  Other  Substances  on 
Streets  and  Premises,  and  Declaring  Certain  Acts  to  Be  a  Misde- 
meanor, 

Section  1.  The  growth  or  existence  upon  the  sidewalk  of  any 
public  street,  or  upon  any  premises  abutting  thereon,  of  bushes  or 
liedges,  which  in  any  manner  interfere  with  or  obstruct  the  passage 
of  pedestrians  or  vehicles  along  such  sidewalk  or  street,  and  the 
growth  or  existence  upon  the  sidewalk  space  of  any  public  street  or 
upon  any  premises  abutting  thereon  of  weeds  which  by  decaying  or 
burning!  might  endanger  health  or  property,  and  the  depositing  or 
accumulation  of  rubbish,  trash,  garden  refuse,  tree  trimmings,  ashes 
or  tin  cans  upon  premises,  are  each  hereby  declared  to  be  a  nuisance. 

Sec.  2.  Whenever  any  bush  or  hedge  upon  the  sidewalk  of  any 
public  street,  or  upon  any  premises  abutting  thereon,  interferes  with  or 
obstructs  the  passage  of  pedestrians  or  vehicles  along  such  sidewalk 
or  street,  the  Park  Commission  shall  cause  written  notice  to  be  given 
bj^  the  Chief  of  Police  to  the  owner,  tenant  or  person  having  charge 
or  control  of  the  premises  on  or  in  front  of  which  such  bush  or  hedge 
is  situated  to  abate  such  interference  or  obstruction  by  trimming  or 
removing  such  bush  or  hedge,  and  it  shall  be  unlawful  for  such  owner, 
tenant  or  person  having  charge  or  control  of  said  premises  to  neglect 
or  fail  to  abate  such  nuisance  by  trimming  or  removing  such  bush  or 
hedge  within  five  days  after  service  on  him  of  said  notice. 

Sec,  3.  Whenever  there  shall  be  growing  or  existing  upon  the 
sidewalk  of  any  public  street  or  upon  the  premises  abutting  thereon 
any  weeds  which,  by  decaying  or  burning,  might  endanger  health  or 
property,  the  Chief  of  Police  shall  give  written  notice  to  the  owner, 
tenant  or  person  having  charge  or  control  of  the  premises  on  or  in  front 
of  which  such  weeds  are  growing  to  remove  such  weeds,  and  it  shall 
be  unlawful  for  such  owner,  tenant  or  person  having  charge  or  control 
of  such  premises  to  fail  or  neglect  to  remove  such  weeds  from  such 
sidewalk  or  premises  withm  five  days  after  service  on  him  of  said 
notice. 

Sec.  4.  Whenever  there  shall  be  growing'  or  existing  upon  any 
premises  any  weeds  which,  by  decaying  or  burning,  might  endanger 


ORDINANCES.  2?.^ 


health  or  property,  within  150  feet  of  any  residence  or  wooden  building 
or  structure,  the  Chief  of  Police  shall  give  written  notice  to  the  owner, 
tenant  or  person  having'  charge  or  control  of  said  premises  to  remove 
such  weeds,  and  it  shall  be  unlawful  for  such  owner,  tenant  or  persoQ 
having  charge  or  control  of  said  premises  to  neglect  or  fail  to  remove 
such  weeds  therefrom  within  five  days  after  service  on  him  of  said 
notice. 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  throw  or  deposit 
any  rubbish,  trash,  garden  refuse,  tree  trimmings,  ashes  or  tin  cans, 
or  any  other  offensive  or  nauseous  substances  upon  any  streets  oi" 
premisc'-i   within   this   city. 

Whenever  any  rubbish,  trash,  garden  refuse,  tree  trimmings,  ashes,. 
tin  cans,  or  other  offensive  or  nauseous  substances  shall  have  been 
thrown  or  deposited  upon  any  street  or  premises  in  this  city,  or  shall 
have  accumulated  thereon,  the  Chief  of  Police  shall  give  written  notice 
to  the  owner,  tenant  or  person  having  charg-e  or  control  of  said  prem- 
ises to  remove  therefrom  the  substances  so  deposited  or  accumulated, 
and  it  shall  be  unlawful  for  the  owner,  tenant  or  person  having  charge 
or  control  of  said  premises  to  neglect  or  fail  to  remove  therefrom  said 
rubbish,  trash,  garden  refuse,  tree  trimmings,  ashes,  tin  cans  or  other 
offensive  or  nauseous  substances  within  five  days  after  the  service 
upon  him  of  said  notice. 

Sec,  6.  Any  person  or  persons  who  shall  violate  SLuy  of  the  pro- 
visions of  this  Ordinance  shall  be  deemed  gruilty  of  a  misdemeanor. 

Sec.  7.  All  Ordinances  and  parts  of  Ordinances  in  conflict  here- 
with are  hereby  repealed. 

Sec.  8.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


OEDIXAXCE  Ko.   433. 

(Approved  November  27,  1906.)     O.  B.  7—125. 

An  Ordinance  Regulating  the  Granting  of  Permission  to  Do  Street 
Work  by  Private  Contract,  and  Providing  the  Manner  in  Which 
the  Same  Shall  Be  Done,  and  Declaring  Certain  Acts  to  Be  a 
Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  No  person,  company  or  corporation  shall  construct  or 
cause  to  be  constructed  by  private  contract  any  sidewalk,  nor  the 
sewering,  grading,  graveling,  oiling,  curbing,  guttering,  macadamizing 
or  paving  of  any  public  street  or  streets,  or  portion  of  any  public 
street,  within  the  Citj^  of  Stockton,  without  first  having  had  and 
obtained  permission  for  the  performance  of  said  work  from  the  City 
Council. 

Sec.  2.  No  permission  to  perform  any  street  work  by  private 
contract  shall  be  granted,  or  if  granted  shall  be  valid,  unless  the 
person,  company  or  corporation  applying  for  the  same  shall  have  first 
presented  to  the  City  Council  for  approval  an  application  to  have  such 
proposed  work  done  by  private  contract  and  the  plans  and  specifica- 


:270  ORDINANCES. 


tions  therefor  prepared  or  approved  by  the  City  Engineer,  and  with 
the  approval  of  the  City  Engineer  indorsed  thereon.  If  the  City 
Council  are  satisfied  therewith,  a  permit  may  be  granted  to  such 
person,  company  or  corporation  to  do  said  work,  and  thereupon  the 
contract  entered  into  between  the  contractor  and  such  person,  comr 
pany  or  corporation  shall  be  filed  with  the  Superintendent  of  Streets 
before  work  is  commenced,  which  said  contract  shall  provide  for  the 
completion  of  the  work  within  a  specified  time  (which  time  may  be 
extended  by  the  City  ('ouncil)  in  conformity  with  the  said  plans  and 
specifications. 

Sec.  3.  All  street  work  done  by  private  contract  shall  be  com- 
menced within  fifteen  days  after  the  filing  of  the  contract,  and  shall 
be  done  in  accordance  with  said  plans  and  specifications,  to  the  lino 
and  grade  established  by  the  City  Engineer,  and  shall  be  to  the  satis- 
faction of  the  Superintendent  of  Streets  and  the  City  Council.  Said 
work  shall  be  prosecuted  with  diligence  to  completion,  and  for  failure 
or  neglect  to  comply  with  this  Ordinance!  the  said  permit  may  be 
revoked  by  the  City  Council. 

Sec.  4.  1.  Upon  completion  of  any  of  the  work  specified  in  such 
private  contract,  the  contractor  shall  secure  from  the  City  Eingineer 
the  Engineer's  certificate,  which  shall  state  that  the  work  has  been 
done  to  the  established  lines  and  grades. 

2.  From  the  Superintendent  of  Streets  a  certificate,  which  shall 
state  that  the  work  done  has  been  done  in  conformity  with  the  con- 
tract and  plans  and  specifications  and  to  the  satisfaction  of  the  Super- 
intendent of  Streets. 

3.  Said  certificates  shall  be  presented,  to  the  City  Council,  and  if 
satisfied  that  the  work  has  been  done  in  accordance  with  said  certifi- 
cates, the  said  Council  may  accept  the  same  in  the  manner  by  lav.-" 
provided. 

Sec.  5.  The  City  Engineer  shall  receive  for  the  services  per- 
formed by  him,  in  connection  with  private  contracts  for  which  permit 
is  granted  pursuant  to  the  terms  of  this  Ordinance,  the  same  fees  as 
are  now  allowed  or  that  may  hereafter  be  allowed  by  Ordinance  for 
engineering  work  done  in  connection  with  contracts  for  similar  work 
under  the  general  laws  of  the  State  of  California. 

Sec.  6.  The  Street  Superintendent  shall  collect  all  fees  due  for 
printing,  engineer's  fees,  or  other  costs  allowed  by  law  or  Ordinance, 
and  shall  not  issue  to  the  contractor  his  certificate  hereinbefore  pro- 
vided for  until  all  the  fees  above  mentioned  are  paid. 

Sec.  7.  Any  contractor,  person,  company  or  corporation  who  shall 
collect  money  or  attempt  to  collect  money  for  work  done  under  any 
private  contract  granted  pursuant  to  the  terms  of  this  Ordinance  before 
the  issuance  of  the  certificates  of  the  City  Engineer  and  the  Street 
Superiniendent,  as  hereinbefore  provided  for,  or  who  shall  violate  or 
attempt  to  violate^  any  of  the  provisions  of  this  Ordinance,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  denied  the  privilege  of 
thereafter  doing  any  kind  of  street  work  in  the  City  of  Stockton.. 

Sec.  8.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 


ORDINANCES.  271 


ORDINAXCE  No.   439. 

(Approved  February  25,  1907.)     O.  B.  7—137. 

An  Ordinance  to  Enable  the  City  Council  of  This  City  to  Obtain  Dati 
and  Information  From  Any  Corporation,  Company  or  Person  Sup- 
plying This  City  or  Its  Inhabitants  Either  With  Gaslight  or  Other 
Illuminating  Light,  or  With  Gas  or  Electricity,  for  Power,  Heating, 
Cooking  or  Other  Purposes,  and  Requiring  the  Said  City  Council 
to  Perform  the  Duties  Prescribed  by  Section  19  of  Article  11  of 
the  Constitution  of  the  State  of  California  and  the  Charter  of  This 
City,  and  Prescribing  Penalties  for  the  Non-Performance  of  Such 
Duties. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  The  City  Council  of  this  city  are  hereby  authorized 
and  emix>wered,  and  it  is  made  their  official  duty,  to  annually  fix  the 
rates  that  shall  be  cliargerl  and  collected  bj'  any  person,  company, 
association  or  corporation,  for  either  gaslight  or  other  illuminating 
light,  or  for  gas  or  electricity  furnished  to  this  city  or  the  inhabitants 
thereof,  for  power,  heating,  coolnng  or  other  purposes.  Such  rates' 
.shall  be  fixed  by  Ordinance  at  a  regular  or  special  meeting  of  said 
City  Council  held  during  the  month  of  April  of  each  year,  and  shall 
take  effect  on  the  first  da\  of  July  thereafter,  and  shall  continue  in 
full  force  and  effect  for  the  term  of  one  year,  and  no  longer. 

Sec.  2.  The  City  Council  of  this  city  are  hereby  authorized,  and 
it  is  hereby  made  their  duty,  at  least  thirty  days  prior  to  the  fifteenth 
day  of  March  of  each  year,,  to  require,  by  Ordinance  or  by  resolution, 
jiny  corporation,  company  or  person  supplying  gaslight  or  other  illu- 
minatimi:  light:,  or  gas  or  electricity,  for  power,  heating,  cooking  or 
•other  purposes,  to  this  city,  or  to  the  inhabitants  thereof,  to  furnish 
to  said  City  Council,  in  the  month  of  March  of  each  year,  a  detailed 
statement,  verified  by  the  oath  of  the  President  and  Secretary  of  such 
corporation  or  company,  or  of  such  person,  as  the  case  may  be,  show- 
ing the  name  of  each  rate  payer,  for  gas  or  electricity  used  for  light, 
l)ower,  heating,  cooking  or  other  purposes,  his  or  her  place  of  resi- 
dence, and  the  amount  paid  for  such  gas  or  electricity  by  each  of  such 
rate  payers,  during  the  year  preceding  the  date  of  such  statement,  and 
:also  showing  all  revenue  derived  from  all  sources,  and  an  itemized 
statement  of  expenditures  made  for  supplying  gas  or  electricity  during 
said  time. 

Sec.  3.  Accompanying  the  first  statement  made  as  prescribed  in 
.Section  2  of  this  Act,  eveiT  such  corporation,  company  or  person  shall 
furnish  a  detailed  statement,  verified  in  like  manner  as  the  statement 
mentioned  in  Section  2  hereof,  showing  the  amount  of  money  actually 
expended  annually,  since  commencing  business,  in  the  purchase,  con- 
struction and  maintenance,  respectively,  of  the  property  necessary  to 
the  carrj'ing  on  of  its  business,  and  also  the  gross  cash  receipts  annu- 
ally, for  the  same  period,  from  all  sources. 

Sec.  4.  Every  corporation,  company  or  person  who  shall  refuse  or 
neglect  to  furnish  the  statements  mentioned  in  Sections  2  and  3  of  this 
Act,  or  either  of  them,  or  who  shall  furnish  any  false  statement  in 
relation  thereto,  within  thirty  days  after  having  been  required  or 
requested  to  furnish  the  same,  as  prescribed  in  Sections  1,  2  and  3  of 
this  Act,  shall  be  deemed  guilty  of  a  misdemeanor. 


272  ORDINANCES. 


Sec.  5.  Upon  receiving  the  statements  provided  for  in  Sections 
2  and  3  of  this  Act,  the  City  Council  of  this  city  shall  cause  a  copy 
thereof  to  be  made  and  filed  in  the  office  of  the  City  Clerk  of  this  city. 

Sec.  6.  Rates  for  the  furnishing  of  gas  or  electricity  for  any  of 
the  purposes  named  herein  shall  be  equal  and  uniform.  There  shall  bo 
no  discrimination  made  between  persons,  or  between  persons  or  cor- 
porations, or  as  to  the  use  of  gas  or  electricity  for  private  and  domes- 
tic and  public  or  municipal  purposes. 

Sec.  7.  Any  person,  company,  association  or  corporation  charg- 
ing or  attempting  to  collect  from  persons,  corporations,  or  from  this 
city,  using  gas  or  electricity  for  any  of  the  purposes  mentioned  herein, 
any  sum  in  excess  of  the  rate  fixed,  as  hereinbefore  designated,  shall, 
upon  the  complaint  of  the  City  Coimcil  of  this  city,  or  any  rate  payor 
for  gas  or  electncity,  arid  upon  the  conviction  before  any  court  of 
competent  jurisdiction,  forfeit  the  franchises  and  gas  or  electric  works 
of  such  person,  company,  association,  or  corporation,  to  the  City  of 
Stockton,  wherein  the  said  gas  or  electricity  is  furnished  and  used. 

Sec.  8.  Any  City  Council  of  this  city  which  shall  fail  or  refuse  to 
perform  any  of  the  duties  prescribed  by  this  Act  at  the  time  of  and  in 
the  manner  h<^reinbefore  specified,  shall  be  deemed  guilty  of  mal- 
feasance in  office,  and  upon  conviction  thereof,  at  the  suit  of  any 
interested  party,  in  any  court  of  competent  jurisdiction,  shall  be 
removed  from  office. 

Sec.  9.  This  Ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  final  passage  and  approval. 


OKDINANCiE   No.   451. 

(Approved  September  ]8,  1907.)     O.  B.  7—167. 

An  Ordinance  Prohibiting  Interference  With  Gates,  Ropes,  Lines  and 
Other  Appliances  for  Protecting  Street  Paving  Work,  and  Prohib- 
iting Going  Upon  or  Traveling  Over  Street  Paving  Work  While 
Streets  are  Under  Construction  or  Repair,  and  Providing  a  Penalty 
for  Violation  Thereof. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  interfere  with 
gates,  ropes,  lines  and  other  appliances  in  position  for  protecting  street 
paving,  or  street  repair  work,  or  to  go  upon  or  travel  over  street 
paving  or  street  repair  work  when  gates,  ropes,  lines  and  other  appli- 
ances are  in  position  for  the  protection  of  such  street  construction  or 
repair  work  when  such  work  is  being  carried  on  and  before  the  com- 
pletion thereof,  and  any  person  who  shall  at  any  time  remove,  pass 
through  or  destroy  any  gates,  ropes,  lines  or  other  appliances  in 
position,  for  protecting  street  paving  or  street  repair  work,  or  who 
shall  go  upon  or  travel  over  street  paving  or  street  repair  work  while 
street  surfaces  or  any  part  thereof  are  under  construction  or  repair 
with  gates,  ropes,  lines  and  other  appliances  for  protecting  the  same 
in  position,  shall  be  guilty  of  misdemeanor. 

Sec.  2.  Every  person  convicted  of  a  violation  of  this  Ordinance 
shall  be  punished  by  a  fine  of  not  less  than  $5.00  nor  more  than  $100, 
or  by  imprisonment  of  not  less  than  five  days  nor  more  than  thirty 
days,  or  both  such  fine  and  imprisonment. 

Sec.  ?,  This  Ordinance  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 


ORDINANCES.  273 


OKDINAXCE   No.   MM. 

(Approved  December  16,  1907.)     O.  R.  7—181. 

Ar»  Ordinance  Regulating  the  Conveyance  of  Naphtha,  Kerosene  and 
Other  Products  of  Petroleum  Through  the  Public  Streets  In 
Wagons,  Tanks,  Cans  or  Other  Vehicles,  Over  and  Along  Asphalt 
and  Bituminous  Rock  Pavements,  and  Providing  Generally  for  the 
Protection  of  Public  Streets  Paved  With  Asphalt  or  Bituminous 
Rock    Pavements. 

Whereas,  In  the  con\eyance  of  naphtha,  kerosene  and  other 
products  of  petroleum  through  the  public  streets  in  wagons,  tanks, 
automobiles  and  other  vehicles,  the  said  liquid  substances  are  grossly 
or  negligently  allowed  to  leak  and  drip  upon  asphalt  and  bituminous 
rock  pavements;  and, 

Whereas,  Naphtha,  kerosene  and  other  products  of  petroleum  aro 
perfect  solvents  of  bitumen  and  asphalt,  and  the  deposit  of  any  of  the 
said  products  on  asphalt  or  bituminous  ro€k  pavements  ruin  and 
destroy  said  pavements; 

Therefore,  be  it  ordained  by  the  City  Council  of  the  City  of  Stock- 
ton as  follows: 

Section  1.  No  person  or  persons,  firms  or  corporations  shall 
deposit,  or  cause  or  allow  to  be  deposited,  upon  any  public  street  paved 
with  asphalt  or  bituminous  rock,  naphtha,  kerosene  or  any  other 
product  of  petroleum,  or  shall  convey,  or  cause  to  be  conveyed,  through 
said  public  streets  so  paved,  any  naphtha,  kerosene  or  otner  products 
of  petroleum,  in  any  tank,  can  or  other  vessel,  whereby  the  same  leaks 
upon  or  is  deposited  upon  the  said  designated  pavements. 

Sec.  2.  All  wagons  or  vehicles  used  for  the  purpose  of  delivering 
naphtha,  kerosene  or  any  other  product  of  petroleum,  shall  have  a  tray, 
so  constructed  and  attached  to  said  wagon  or  vehicle,  that  the  contents 
will  not  leak  or  drop  on  or  upon  said  asphalt  or  bituminous  pave- 
ments, and  all  persons  delivering  any  of  said  products  of  petroleurn 
shall  have  tight  tanks,  cans  or  other  vessels  for  the  conveyance  of 
the  same. 

Sec.  3.  No  person,  firm  or  corporation  shall  cause  or  allow  any 
fire  to  be  set  or  burned  on  any  of  the  asphalt  or  bituminous  rock 
pavements  within  the  limits  of  the  City  of  Stockton. 

Sec.  4.  All  brick,  stone,  structural  iron  and  steel,  or  other  build- 
ing material,  except  lumber,  must  not  be  placed  upon  asphalt  or 
bituminous  rock  pavements,  but  must  be  placed  and  rest  upon  planks 
of  not  less  than  what  a,re  commonly  called  and  laiown  as  two-inch 
planks. 

Sec.  5.  All  mortar,  plaster,  cement  or  concrete,  mixed  on  asphalt 
or  bituminous  rock  pavements,  must  be  mixed  in  water-tight  boxes  on 
such  streets  and  stored,  for  use  on  planks  commonly  known  and  called 
two-inch  planks. 

Sec.  6.  All  slacking  of  lime  on  asphalt  or  bituminous  rock  pave- 
ments must  be  done  in  water-tight  boxes  set  on  not  less  than  four 
inches  of  sand. 

Sec.  7.  All  persons,  firms  or  corporations  conveying  or  causing  to 
be  conveyed  through  the  public  streets  of  this  city  so  paved  any 
naphtha,  kerosene  or  other  products  of  petroleum,  in  any  wagon, 
vehicle,  automobile,  tank  or  other  vessel,  shall  be  allowed  ten  (10)  days 
from  and  after  the  final  passage  and  approval  of  this  Ordinance  in 
which  to  comply  with  the  tenns  of  this  Ordinance. 


274  ORDINANCES. 


Sec.  8.     Any  person,  firm  or  corporation  violating  tlie  provisions 
of  this  Ordinance  shall  be  s^uilty  of  a  misdemeanor. 

Sea  9.     This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval,  except  as  in  Section  7  herein  provided. 


ORDINANCE   No.   460. 

(Approved  December  16,,  1907.)  O.  B.  7 — 180. 
An  Ordinance  Requiring  the  Owners  or  Those  in  Control  of  Railways 
Operating  Within  the  Corporate  Limits  of  the  City  of  Stockton  to 
Station  Flagmen,  or  Place  Sufficient  Warning  Signals,  or  Signal 
Bells,  at  Such  Street  Crossings  as  May  Be  Designated  by  Resolu- 
tion of  the  City  Council,  and  Declaring  Certain  Acts  to  Be  a 
Misdemeanor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  Every  person,  firm  or  corporation  owning  or  opera^.ng 
cars  or  trains  of  cars  within  the  limits  of  the  City  of  Stockton,  shall 
station  flagmen  or  place  sufficient  warning  signals  or  signal  bells  at 
such  street  crossings  within  the  limits  of  this  city,  and  in  such  man- 
ner and  at  such  times  as  the  City  Council  of  this  city  may  from  time 
to  time,  by  resolution  duly  passed  and  adopted,  designate. 

Sec.  2.  Any  violation  of  the  provisions  of  this  Ordinance  shall  be 
a  misdemeanor. 

Sec.  3.  This  Ordinance  shall  take  effect  from  and  after  its  final 
passage  and  approval. 

ORDINANCE   No.   465. 

(Approved  April  13,  1908.)     O.  B.  7—187. 

An  Ordinance  Prohibiting  the  Placing  of  Advertising  Signs  on  Trees, 
Telegraph,  Telephone  or  Electric  Light  Poles  or  Masts  or  Lamp 
Posts,  Fences,  Bridges,  Sidewalks  or  Roadways,  Within  the  Cor- 
porate Limits  of  the  City  of  Stockton. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Stockton  as 
follows: 

Section  1.  It  shall  be  unlawful  and  a  misdemeanor  for  any  person, 
firm  or  corporation  to  post,  paint,  affix  or  fasten,  or  cause  to  be  posted, 
painted,  affixed  or  fastened,  on  any  tree,  telegraph,  telephone  or 
electric  light  or  electric  current  pole,  or  mast,  or  upon  any  lamp-post, 
or  upon  any  fence  or  bridge  within  the  corporate  limits  of  the  City  of 
Stockton,  or  on  the  sidewalk  or  roadway  of  any  public  street,  any 
advertising  bill,  notice,  card,  sign  or  advertising  device. 

Sec.  2.  Every  person,  firm  or  corporation  or  business  representa- 
tive thereof,  named  in,  or  authorizing  the  publication  of  any  advertis- 
ing bill,  notice,  card,  sign  or  advertising  device,  which  now  is  posted, 
painted,  affixed  or  fastened  on  any  tree,  telegraph,  telephone,  electric 
light  or  electric  current  pole,  or  mast,  or  lamp-post,  or  on  any  tence 
or  bridge  within  the  corporate  limits  of  the  City  of  Stockton,  or  on 
the  sidewalk  or  roadway  of  any  public  street,  must  immediately  re- 
move or  cause  the  same  to  be  removed  therefrom. 

Sec.  3.  Any  person,  firm  or  corporation  violating  the  provisions 
of  this  Ordinance  shall  be  guilty  of  a  misdemeanor. 

Sec.  4.  This  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  final  passage  and  approval. 


INDEX  TO    STATUTES 


AND 


CATALOG  UE 


OF 


OR  DINANCES 


Special  Statutes  Relating^ 

TO  Stockton. 


Agreement  with  R.  B.  Lane  ratified 1877-8 — 201 

Art.esian    Well — Appropriation    for... 1856 —  48 

Assessor — Conferring   powers  on : 1877-8 —  65 

Board  of  Education— Establishing 1865-6 — 447 

Bonds — Issuance  of  in  lieu  of  scrip 1855 —  71 

Bonds — Issuance  of,    redemption    1S73 1871-2 — 310 

Bonds^ — For  redemption  of  others., 1875-6 — 471 

Bonds — Reissue    authorized    .  _ 1865-6 — 317 

Canal — Construction  authorized   Supplement  1869-70 —  15- 

Caruther's  Franchise  Columbia   Road 1854 — 154 

Charters — 

1.  1.852—211.     Amended  1853—74. 

2.  1857—133.     Amended  1857— IW^  and  1859—72. 

3.  1862—314.     Amended  1865-6—598,  and  1869-70—24. 
•     4.  1869-70—587. 

5.  1871-2—595.     Amended  1873-4—193,  -139. 

6  1875-6—523. 

7.  1877-8—220. 

8.  1889 — 577.     Approving  Freeholders'   Charter. 

9.  1905-6—832.     Amending  Freeholders'  Charter  of  1889. 

Claims  against  Town   Council 1851 — 326. 

Delinquent  Taxes— 1863— 574,  and  1865-6—95 Repealed  1869-70—621 

Gas — Contract  ratified   1877-8—170 

Graveyards — Removal    of    remains 1862 — 140 

Hutchinson,  C.  A. — Allowance  of  claim --1859 — 240 

Justice  of  the  Peace — Transfer  of  papers 1863-4 — 187 

Ladies'  Benevolent  Association — Appropriation,  1871-2 — 748, 

1873-4—897 1877-8—1009 

Levees — Construction  of  1875-6 —  12 

Meyers^ — Claim   of   1873-4 — 852 

Mormon  Slough — Improvement  of 1871-2 — 540 

St.  Patrick's  Church — Removal  of  human  remains 1 1858 — 133 

Schools — Funds  of   .1863 — 120 

Schools— Funding  of  debt 1871-2—557,  1873-4—  3a 

Schools — Money    borrowed    for 1869-70 — 551 

School  Districts — Adjacent,  property  of 1871-2 — 530 

Stockton  and  Visalia  Railroad  Bond  Election 1869-70 — 551 

Streets — Vacation  of   certain 1863 —  56 

Teachers — Examination   of    1863 — 120 


Catalogue  of  Ordinances. 


Numbers  Following  O.  B.  Refer  to  Volume  and  Pages  of  Record  Book 

of   Ordinances.      The    Marginal    Numbers   at   the    Extreme 

Right  Refer  to  the  Pages  of  This  Volume. 


Ordinance  Page 

No.  1. — Duties  a.nd  powers  of  certain  officers.     March  24,  1891, 

O.B.5—  60         39 

No.  2. — Creating  Board  of  Health  and  Health  Officer.     May  24, 

188o O.  B.  4— 431         43 

[Except  Sections  1,  2  and  4,  repealed  by  Ordinance 
No.  54.] 

No.  3.— Number  and  compensation  of  employes  in  Fire  Depart- 
ment.    March  24,   1891 O.  B.  4—  55 

[Repealed  by  Ordinance  No.  221.] 

No.  4.— Compensation  of  city  officers.  April  30,  1891.0.  B.  5—122 
[Expired.] 

No.  5. — Compensation  of  City  Surveyor  for  street  work.  Decem- 
ber  11,    1889 O.B.  4— 602 

[Indirectly  repealed  by  Ordinance  No.  114.] 

No.  6.— Establishing  fire  districts.     January  31,  1890-O.  B.  4— 613 

No.  7. — Grades  of  curbs  and  gutters  of  streets.     July  29,  1890. 

1 O.B.533         56 

No.  8. — Grades    and    improvements    of    streets.      April    9,    1891. 

O.B.  5— 105         61 

No.  9. — Width   of   roadway,    sidewalk   space,   sidewalk   and   tree 

space,    and     defining    these    terms.     April     9,     1891. 

O.B.  5— 109         65 

No.  10. — Line  for  wharves  and  bulkheads  on  Stockton  Channel 

and  Mormon  Slough  fixed  by  certain  map.     April  20, 

1881 O.B.  4— 201         69 

No.  11. — Closing  Poplar  street  between  Aurora  and  Sacramento, 

and  Aurora  street  between  Flora  and  Poplar.  June  12, 

1899 O.B.  4— 586         70 

No.  12. — Conditionally  accepting  Main  street  between  Grant  and 

Commerce,  and  Commerce   street  between  Main   and 

Weber  Levee.     December  27,  1877 O.  B.  4— 529 

No.  13. — Conditionally  accepting  Market  street  between  Pilgrim 
and  East.  *  FebruaiT  7,  1889 O.  B.  4— 562 

jSjo.  14. — Conditionally  accepting  California  street  between  Mar- 
ket and  Channel.     August  27,  1S89 O.  B.  4— 594 

IMo.  15. — Conditionally  accepting  Weber  avenue  from  California 
street  to   Hunter.     June  10,  1889 O.  B.  4— 580 

Mo.  16. — Conditionally  accepting  Center  street  between  Market 
and  Mormon  avenue.     February  4,  1891 O.B.5 —  44 

Mo.  17. — Conditionally  accepting  San  Joaquin  street  between 
Main  and  Weber  avenue.  February  4,  1891  _0.  B.  5 —  46 

No.  18. — Conditionally  accepting  Washington  street  between  San 
Joaquin  and  Hunter.     February  4,  1891 O.B.5 —  48 


278  CATALOGUE  OF  ORDINANCES. 


Ordinance  Pag© 

No.  19. — Municipal  LireDses — Issue,  rates'  and  revocation,  De- 
cember   28,    1S89 - - _0.  B.  4— 604 

[Repealed  by  Ordinance  No.  131.] 

No.  20. — Use  of  Harbor  and  Wharves — Tbnnage,  harbor  dues  and 

wharf  rates.     March  24,  1891 , O.  B.  5—  57 

[Repealed  by  Ordinance  No.  260.] 

No.  21. — Issue,    Sale   and   Redemption   of   Bonds^ — Improvement 

funds  1,  2,  3  and  4.     July  29,  1890 O.  B.  5—  25       105 

No.  22. — Rates  of  fare  bv  hackmen  and  others.     December  14, 

1878 OB.  4— 132       122 

No.  23. — -Ilutining  at  Large  of  Animals—- Duties  and  fees  of 
Poundkeeper.     March  1,  1890.- O.  B.  4— 620 

No.  24.— Water  rates  for  1891.     August  29,  1892 O.  B.  5— 319 

No.  25.— Numbering  houses.     .January  27,  1879 0.  B.  4— 136 

[Repealed  by  Ordinance  No.  144.] 

No.  26 — Franchise  of  Stockton,  and  Copperopolis  Railroad  Com- 
pany.    November  25,  1870 O.  B.  3— 515       13? 

No.  27. — Additional    franchise     of     same.     February    21,    1871. 

. O.  B.  3—531       140 

No.  28. — Franchise   to   Sposati    and   others    for   street   railroad. 

March  17,  1873 O.  B.  3— 580 

[Surrendered  December  28,  1891,  by  deed  from  Stock- 
ton Street  Railroad  Company,  O.  B.  4 — 240.] 

No.  29.— Franchise  to  same.     June  24,  1874.-., O.  B.  3— 599 

[Surrendered  with  Ordinance  No.  28.] 

No.  30. — Leave  to  Sposati  and  others  to  abandon  certain  fran- 
chises.    June  20,  lS74-__ _0.  B.  3— 601 

[Surrendered  with  Ordinance  No.  28.]  * 

No.  31. — Franchise   to    Sposati    and    others    for   street    railroad. 

October  6,   1874 O.  B.  3— 606 

[Surrendered  with  Ordinance  No.  28,] 

No.  32. — Franchise  to  Stockton.  Street  Railroad  Company.     May 

5,    1876    O.B.4—  91 

[Surrendered  with  Ordinance  No.  28,] 

No.  33. — Leave  to  abandon  certain  franchises  of  Stockton  Street 
Railroad  Company,  September  1,  1879__0.  B.  4 — 168 
[Surrendered  with  Ordinance  No.  28.] 

No.  34. — Franchise  to  extend  track  of  Stockton  Street  Railroad 
Company.     April   6,    1885 O.  B.  4— 359 

[Surrendered  with  Ordinance  No.  28.] 

No.  35. — Franchise  to  Stockton  Street  Railroad  Company.  March, 
1887 O.B.4— 359 

[Surrendered  vnth  Ordinance  No.  28.] 
No.  36. — Franchise    to    Central    Pacific    Railroad    Company    for 

track,    chiefly    on    Mormon    avenue.      June    21,    1877. 

O.B.4—  99       141 

No.  37. — Franchise  to   Southern   Pacific   Railroad   Company   for 

switch   on    Sacramento    street,    between    Sonora    and 

Church.     June  12,  1889. .-_ O.  B.  4— 584 

[Expired.] 
No.  38. — Franchise  to   Southern   Pacific   Railroad   Company   for 

switch  betweer^  a  point  100  feet  south  of  Taylor  street 

and  Scott's  avenue.     December  11,  1889.. O.  B.  4— 600 

[E3xpired.] 


CATALOGUE  OF  ORDINANCES.  279 


Ordinance  Pagft 

No.  39. — Franchise  to  J.  F.  Miller  and  others  for  railroad  track 
from  Mormon  avenue  on  a  curve  to  a  point  175  feet 
west  of  tho  southwest  comer  of  Center  street  and 
Scott's  avenue.     April  3.  1878 O.  B.  4— 115-     153 

No.  40. — Franchise  to  San  Joaquin  Gas  Company  and  the  Stock- 
ton Gas  Company.    December  5,  1870 O.  B.  3 — 523 

No.  41. — Franchise  to  Jerome  Haas  and  others  to  lay  gas  pipes. 

December    27,    1887 O.  B.  4— 530       217 

No.  42. — Franchise  to  Northern  Natural  Gas  Company.  Febru- 
ary  12,    1889 0'.B.4— 564       218 

No.  43. — Franchise  to  Citizens'  Natural  Gas  Company.    April  16, 

1891 O.B.  5—  70       220 

No.  44. — Authorizing  receipt  and  disposal  of  lands  in  blocks  ^Yz 
and  5,  south  of  Mormon  Channel.     December  8,  1877. 

O.B.  4— 103       135 

[See  Stats.  1877-8,  p.  201.] 

No.  45. — Providing  for  receipt  of  parts  of  blocks  H,  G,  B,  C,  D 
and  E,  in  Mormon  Channel,  and  disposal  of  Scott's  ave- 
nue between  Hunter  and  American  streets.  March 
17,    1879    _ O.B.  4— 161       13!> 

No.  46. — E'x change  of  lands  with  Doyle,   Clifford   and  Fanning. 

April    20,    1881 _ O.  B.  4— 202       135 

No.  47. — Accepting  the  north  three  feet  of  block  15,  east,  widen- 
ing Main  street.     July  5,  1881 O.B.  4— 204         70 

No.  48. — Authorizing    exchange    of    lands    with    H.    K.    Clifford. 

April  3,  1882 O.  B.  4— 241       13r> 

No.  49.^Authorizing  conveyance  of  land  to  A.  Rivara.    March  3, 

1884 O.B.  4—301       135 

No.  50. — Improvement  of  Washington  Square.  Agricultural 
Pavilion.     March  9,   3887- O.  B.  4— 470 

No.  51. — Authorizing    conveyance    of    land     to    J.     D.     Peters. 

October    17,    1887 __.0.  B.  4— 510       135 

No.  52. — Authorizing  purchase  of  block  T,  west  of  Center  street. 

Pumping  station.     December  29,  1890 O.  B.  5—  40       135 

No.  53. — Relating  to  the  offense  of  misdemeanor;  specifying 
acts  and  omissions  constituting  the  same  and  fixing 
penalties  thereof.     March  31,  1891 O.  B.  5—  74       240 

No.  54. — Codifying  for  publication  the  Ordinances.  Tlie  general 
revision  and  renumbering  upon  the  adoption  of  free- 
holders' Charter.     April  29,  1891 O.  B.  4— 137 

No.  55. — Franchise  to  W.  S.  McMurtry,  Jr.,  to  lay  water  pipes. 

November  25,  1890 O.  B.  5—  36       227 

No.  56.— Levying  taxes  for  189L     May  29,  1891 O.B.  4—151 

No.  57. — Granting  franchise  to  Central  Pacific  Railroad  Company 

for  track  on  Mormon  Levee.  May  14,  1S91_0.  B.  5 — 113       142 

No.  58. — Incurring  bonded  indebtedness  of  $40,000  for  improv- 
ing channels.     .July  7,  1S91 O.  B.  4— 154       108 

No.  59. — Extending  time  for  acceptance  of  franchise  to  Central 
Pacific  Railroad  Company.    July  20,  1891__0.  B.  5— 162 

No.  60.— Regulating  the  running  at  large,  license  and  impound- 
ing of  dogs.     July  20,  1891 O.  B.  5— 163       100 

No.  61. — Franchise    to    Southern    Pacific    Company    for    railroad 

tracks  on  Weber  Levee.    August  20,  1891_-0.  B.  5—165       143 

No.  62. — Authorizing  construction  of  bulkhead  on  Stockton 
Channel.     August   20,    1891 O.  B.  5—  167 


280  CATALOGUE  OF  ORDINANCES. 

Ordinance  Page 

No.  63. — Franchise  to  John  Jackson  to  lay  gas  pipes.  Septem- 
ber  1,    1891 O.  B.  5— 174       221 

r4o.  64. — Proposed  franchise  which  was  passed  to  print  and  then 
abandoned   

No.  65. — Authorizing  widening  of  Pilgrim-street  bridge  across 
Miner  Channel.     August  25,  1891 O.  B.  5— 180 

No.  66. — Authorizing  purchase  of  hose  for  Fire  Department. 
September   2,    1891 O.  B.  5— 182 

No.  67.^ — Authorizing  construction  of  bulkheads  on  Miner  Chan- 
nel between  Aurora  and  Stanislaus  streets.  Septem- 
ber  29,    1891 O.  B.  5— 184 

No.  68. — Authorizing  construction  of  bulkhead  on  Stockton 
Channel.     September   22,   1891 O.  B.  5— 186 

No.  69. — Franchise  to  Southern  Pacific  Company  for  platforms 
on  Sacramento  street  and  Weber  avenue.  Septem- 
ber  22,    1891 O.  B.  5— 188       14:^ 

No.  70. — Amending  Ordinance  No.  19,  concerning  licenses.  Sep- 
tember   29.    1S91 0>.  B.  5— 192 

[Repealed  by  Ordinance  No.  161.] 

No.  71. — Authorizing  transfer  of  money  from  Improvement 
Fund  No.  1  to  Improvement  Fund  No.  2.  October  6, 
1891 O.  B.  5—198 

No.  72. — Authorizing  erection  and  maintenance  of  chutes, 
bridges,  etc.,  over  and  across  public  ways.  Octo- 
ber 26.  1891 O.B.5— 200 

[Amended  by  Ordinance  No.  78.] 

No.  73. — Franchise     to     Western     Union     Telegraph     Company. 

October  9,   1891 O.  B.  5— 206       224 

No.  74. — Providing  for  appointnrent  of  an  Acting  Chief  Ehglneer 
of  the  Fire  Department.  October  29,  1891.  O.  B.  5—211 
[Repealed  by  Ordinance  No.  221.] 

No.  75. — Franchise     to     the     Central     Natural     Gas     Company. 

October    29,    1891 O.  B,.  5— 213       223 

No.  76. — Amending   Section    48    of   Ordinance    No.    53.      October 

29,    1891    O.B.5— 218 

No.  77. — Franchise    to    James    A.    Louttit.      December    2,    1891. 

O.B.5— 222       l')9 

No.  78. — Amending  Ordinance  No.  72  relating  to  chutes,  bridges, 

etc.,  over  public  wavs.  December  29,  1891.0.  B.  5 — 247 
No.  79. — Employment  of  Earley  &   Prendergast  as  attorneys  in 

matter  of  the  Hazelton  bequest.     February  10,   1892. 

.__0.  B.  5—251 

No.  80. — Conditionally  accepting  Center  street  between  Main  and 

Weber  avenue.     February  10,  1892 O.  B.  5— 254 

No.  81.— Fixing  water  rates  for  1892.  February  24,  1892. 
O.  B.  5—256 

No.  82.— Providing   for    a   Captain    of    Police.      March    16,    1892. 

O.B.5— 261         53 

No.  83. — Authorizing  repair  to  Eureka  Engine  House.  March 
16,  1892 O.B.5— 263 

No.  84. — Franchise  to  Sunset  Telephone  and  Telegraph  Com- 
pany.    March  29,  1892 O.  B.  5— 265       225 

No.  85. — Authorizing  construction  of  bulkhead  on  Stockton 
Channel  from  Tule  street  eastward.  March  29, 
1892 O.B.5— 275 


CATALOGUE  OF  ORDINANCES.  281 


Ordinance  Pagre 

No.  86. — Amending    Ordinance    No.     19,    concerning    municipal 

licenses.      April    12,    1892 O.  B.  5—277 

[Repealed  by  Ordinance  No.  134.] 
No    87. — Authorizing   the    Stockton   Electric    Railroad    Company 

to  abandon  parts  of  franchise  granted  by  Oramance 

No.  77.     May  24,  1892 O.  B.  5— 283 

No.  88. — Franchise  to  the  Stockton  Ellectric  Railroad  Company. 

May   24,    1892 O.  B.  5— 287       20S 

No    89.— Levying  taxes  for  1892.    May  24,  1892 O.  B.  5—301 

No.  90 — Authorizing  construction  of  new  bulkhead  on  south  side 
of  Mormon  Channel  between  Beaver  and  Elk  streets. 
June   24,   1892 O.  B.  6— 305 

No.  91. — Franchise  to  the  Stockton  Electric  Railroad  Company. 

August    1,    1892 O.  B.  5— 307       203 

No.  92. — Authorizing  purchase  of  hose  for  Fire  Department. 
August  29,  1892 O.  B.  5— 317 

No.  93. — Creating  a  salary-  fund  and  transferring  money  thereto. 
August  29,  1892 O.  B.  5— 319 

No.  94. — Accepting  Califoraia  street  between  Market  and  Lafay- 
ette.     August    29,    1892 O.  B.  5— 321 

No.  95. — Authorizing  payment  of  Earley  &,  Prendergast.  Sep- 
tember 13,  1892 O.  B.  5— 323 

No.  96. — Accepting  tiTist  under  will  of  W.  P.  Hazelton;  providing 
for  execution  thereof,  and  dedicating  property  for 
library  building.     October  25,  1892 O.  B.  5— 325       234 

No.  97. — Franchise  to  Central  Pacific  Railroad  Company.  Janu- 
ary  14.    1893 O.  B.  5— 335       145 

No.  98. — Regulating  use  of  public  sewers O.  B.  5 — 341 

[Vetoed  by  Mayor,  December  19,  1892.] 

No.  99. — Accepting  Market  street  from  Sacramento  and  Hunter. 
February  17,  1893 O.  B.  5— 346 

No.  100. — Authorizing  the  Stockton  Electric  Railroad  Company 
to  surrender  certain  franchises.  January  9,  1893. 
O.  B.  5— 348    . 

No.  101. — Regulating  moving  of  houses  along  public  ways.     June 

14,    1893    _ O.B.5— 357         72 

No.  102. — Creating  a  salary  fund  and  transferring  money  thereto, 
January  27,  1893 O.  B.  5— 361 

No.  103. — Accepting  Hunter  street  between  Market  and  Wash- 
ington.    February  17,  1893 O.  B.  5— 363 

No.  104.— Fixing  water  rates  for  1893.  March  6,  1S93_0.  B.  5— 365 

No.  105.— Franchise  not  iinally  passed O.B.5 — 372 

No.  106. — Authorizing  construction  of  bridge  on  California  street 
across  Mormon  Channel.    March  15,  1893.  O.  B.  5—370 

No.  107. — Concerning  municipal  licenses.  Indefinitelv  postponed. 
O.B.5— 373 

No.  108. — Prohibiting  children  under  sixteen  years  of  age  from 
getting  on  or  off  certain  vehicles  in  motion.  March 
27,1893 O.B.5— 374       254 

No.  109. — Regulating    approaches    and    entrances    to    buildings. 

April  26,  1893-- O.  B.  5— 376 

[Repealed  by  Ordinance  No.  122.] 

No.  110.^ — Authorizing  construction  of  bulkhead  in  Stockton  Chan- 
nel.    April  26,  1893 O.  B.  5— 381 


2«2  CATALOGUE  OF  ORDINANCES. 

Ordinance  Page 

No.  112. — Franchise  to  Central  Pacific  Railroad  Company,     May 

26,  1893 O.B.  5— 383       147 

No.  113.— Providing  for  a  city  census.    May  6,  1893.. O.  B.  5—388 

No.  114. — Fixing  compensation  of  City  Surveyor  for  street  work. 

May  25,  1893 O.  B.  5— 391         54 

[Indirectly  repealing    Ordinance  No.  5.] 
No.  115.— Levying  taxes  for  1893.     May  26,  1893 O.  B.  5— 394 

No.  116. — Appropriation  for  bulkhead  on  Miner  Channel.  June 
*13,  1893 0:B.  5— 399 

No.  117. — Authorizing  construction  of  bulkhead  on  south  side  of 
Stockton  Channel.     May  29,  1893 0.  B.  5— 401 

No.  118. — Conditionally  accepting  American  street  from  Market 
.     to  Main.    June  13,  1893... O.  B.  5 — 403 

No.  119. — Conditionally  accepting  Hunter  street  from  Market  to        : 
Weber  avenue.     June  13,  1893... O.  B.  5 — 405 

No.  120. — Conditionally  accepting  Sutter  street  from  Main  to 
Weber  avenue.     June  13,  1893_ O.  B.  5— 407 

No.  121. — Creating  a  salary  fund  and  transferring  money  thereto. 
June  29.   1893. _0.  B.  5— 409 

No.  122. — Repealing  Ordinance  No.  109,  regulating  approaches 
to  buildings.     June  29,  1S93 O.  B.  5— 411 

No.  123. — Fixing  compensation  of  Chief  of  Police,  Captain  of 
Police  and  police  officers.  July  12,  1893-.0.  B.  5 — 413 
[Statutoiy  authority  unconstitutional.] 

No.  124. — ConditionjiJly  accepting  California  street  from  Lafay- 
ette to  Mormon  Channel.  August  15,  1893_0.  B.  5—415 

No.  125. — Conditionally  accepting  San  Joaquin  street  from  Mar- 
ket to  Main.     July  26,  1893 O.  B.  5— 418 

No.  126. — Authorizing  improvement  of  certain  buildings.  July 
25,  1893 ^_.0.  B.  5— 420 

No.  127. — Accepting  Sutter  street  from  Channel  to  Weber  ave- 
nue.    July  25,  1893 , O.  B.  5— 422 

No.  128. — Authorizing  purchase  of  hook-and-1  adder  truck.  August 
15,  1893 O.  B.  5— 424 

No.  129. — Authorizing  purchase  of  hose  for  Fire  Department. 
August  15,  1893 .O.B.  5— 426 

No.  130. — Defining  certain  misdemeanors  in  relation  to  connect- 
ing privies,  cesspools,  drains,  etc.,  with  the  street 
sewers,  etc.     September  1,  1893 O.  B.  5— 428       260 

No.  131. — Concerning    municipal    licenses.      Not    finally   passed. 

O.B.  5— 431 

No.  132. — Conditionally  accepting  California  street  from  Chan- 
nel to  Park.     October  10,  1S93 O.  B.  5— 432 

No.  133. — A.uthorizing  sale  of  city  dredger.  October  10,  1893. 
._0.  B.  5—435 

No.  134. — Concerning  municipal  licenses;  issue,  rates  and  revo^ 
cation;  prohibiting  issue  in  certain  cases.  Novem- 
ber  26,    1893 O.  B.  5— 436         88 

TRepealing  Ordinances  Nos.  19,  70  and  86.  Sections 
2  and  4  and  Subdivisions  14  and  15  of  Section  6,  re- 
pealed by  Ordinance  No.  161.] 

No.  135. — Conditionally  accepting  El  Dorado  street  from  Mag- 
nolia to  Weber  avenue.  February  16,  1894.  O.  B.  5 — 447 

No.  136. — Fixing  water  rates  for  1894.  February  27,  1894. 
O.B.  5— 450 


CATALOGUE  OF  ORDINANCES.  283 

Ordinar^ee  Pas^d 
No.  137. — Authorizing   improvements   of    engine-house    and    pur- 
chase of  hydrants.     March  30,  1894 O.  B.  5 — 455 

No.  138.— Levying  taxes  for  1894.     June  2,  1894 O.  B.  5— 457 

No.  139. — Authorizing  purchase  of  coal.  June  2,  1894 _0.  B.  5 — 463 

No.  140. — Consent  to  purchase  of  lot  G,  in  block  87,  east  of 
Center  street,  by  Board  of  Education.  August  29, 
1894 _0.  B.  5— 465       135 

No.  141. — Authorizing  purchase  of  hay.  August  29,  1894 __ 

O.  B.  5— 467 

No.  142. — Authorizing  fill  behind  the  permanent  bulkhead.  Sep- 
tember 24,  1894 _ __.0.  B.  5— 469 

No.  143. — Changing  names  of  Beaver,  Elk,  Bear,  Otter,  Kac- 
*      coon  and  Tule  streets  and  Mormon  avenue.  February 

18,  1895 O.B.  5— 471         73: 

No.  144. — Providing  for  numbering  entrances  from  public  streets 
and  repealing  Ordinance  No.  25.  February  18,  1895. 
0.*B.    5—473         73. 

No.  145.— Fixing  water  rates  for  1895.  March  5,  1895. 0.  B.  5—475 

No.  146. — Ratifying  action  of  Board  of  Public  Works  as  to  Otter- 
street  bridge  across  Mormon  Channel.  March  5, 
1895 O.B.  5—478 

No.  147 — Authorizing  purchase  of  coal.     March  27,  1895 

O.B.  5— 479 

No.  148. — Amending  Ordinance  No.  3.    Not  finally  passed. _ 

O.B.  5— 480 

No.  149.— Levying  taxes  for  1895.     May  28,  1895 O.B.  5—482 

No.  150. — Authorizing  purchase  of  hook-and-1  adder  truck.  May 
28,  1895 O.B.  5— 485 

No.  151. — Franchise  to  California  Telephone  Association.  June 
18,  1895 O.B.  5— 486 

[Lapsed  for  want  of  acceptance.] 

No.  152. — Franchise  to  San  Francisco  and   San  Joaquin  Valley 

Railway  Company.    June  18,  1895 0.  B.  5— 490       15S 

No.  153. — Providing    for    reconstruction    of    steamboat    shed    on 

south  side  of  Stockton  Channel.     June  27,  1895 

O.B.  5— 497 

No.  154. — Amending  Ordinance  No.  53  by  adding  new  section  re- 
lating to  driving  certain  animals  in  public  ways. 
July  16,  1895 O.  B.  5—499 

No.  155. — Authorizing     grading     approaches     to     Lincoln-street 

bridge  across  Mormon  Channel.     July  16,  1895 

O.B.  5— 501 

No.  156. — Authorizing  construction  of  bulkheads  along  Mormon 
Channel  at  Lincoln  street.    July  16,  1895.-0.  B.  5—502 

No.  157. — Authorizing  purchase  of  hose  for  Fire  Department. 
August  20,  1?95 O.B.  5— 504 

No.  158. — Franchise  to  Alameda  and  San  Joaquin  Railroad  Com- 
pany.    August  30,  1895 O.B.5— 505       15S 

No.  159. — Providing  for  construction  of  steamboat  shed  on  north 
side  of  Stockton  Channel.  August  27,  1895.0.  B.  5—514 

No.  160. — Franchise  to  San  Francisco  and  San  Joaquin  Valley 
Railway  Company  for  track  on  Weber  avenue  east  of 
Madison  street.    November  26,  1895 O.  B.  5— 516       163" 


284  CATALOGUE  OF  ORDINANCES. 


Ordinance  Pa^e 

No.  161. — Concerning  places  for  the  sale  of  intoxicating  liquors, 
etc.  Repealing  Ordinances  Nos.  19,  70  and  86.  and 
Sections  2  and  5,  and  Subdivisions  14  and  15  of  Sec- 
tion 6  of  Ordinance  No.  184.     October  15,  1895 

„ O.  B.  5— 520 

[Repealed  by  Ordinance  No.  165.] 

Mo.  162. — Amending  Section  28  of  Ordinance  No.  531.  November 
12,  1895   O.B.5— 537,   539 

No.  163. — Establishing  an  urgent  necessity  fund.     November  29, 

1895__. O.B.  5—539         54 

No.  164. — Conditionally  accepting  Commerce  street  from  Acacia 
to  Willow.    December  13,  1895 O.  B.  5—541 

No.  165. — Concerning  placer,  for  the  sale  of  intoxicating  liquors, 

etc.   (License  Ordinance).     Repealing  Ordinance  No. 

161.     December   18,   1805-.. O.  B.  5— 543 

No.  166. — Prohibiting    pool    selling,    book    making    and    certain 

wagers  en  horse  races.  February  13,  1896_0.  B.  5 — 557 

[Repealed  by  Ordinance  No.  166.] 
No.  167. — Fixing  water  rates  for  1896.     February  27,  1896 

O.B.  .5— 558 

3Mo.  168. — Authorizing  conveyance  of  certain  property  to  James 

H.  Budd  and  J.  B.  Clifford.     March  10,  1896 

... OB.  5— 561       135 

No.  169. — Amending  Section  48  of  Ordinance  No.  53.     April  15, 

1896 O.B.  5— 563       253 

No.  170.— Levying  taxes  for  1896.     May  26,  1896 O.  B.  5— 566 

No.  171. — Defining  hackney  carriages  and  job  wagons.  Not  finally 
passed O.  B.  5— 569 

No.  172. — Providing  for  purchase  of  steam  road  roller.  June 
30,    1896    O.B.5— 571 

TRepealed  by  Ordinance  No.  175.] 

No.  173. — Authorizing  the  repair  of  outfall  sewer.  August  4, 
1896 ._--- O.  B.  5—573 

No.  174. — Providing  for  construction  of  permanent  wharf.  August 
4,    1896    O.B.5— 574 

iNo.  175. — Providing  for  purchase  of  steam  road  roller.  August  H, 
1896 O.B.  5—575 

-No.  176. — For  protection  of  improved  public  squares.  Septem- 
ber  2,    1896 O'.B.  5— 577       254 

No.  177. — Amending  Ordinance  No.  53  by  adding  section  relat- 
ing to  riding  bicycles.  November  2,  1S96_0'.  B.  5 — 579 
[Repealed  by  Ordinance  No.  286.] 

Mo.  178. — Franchise     to    Alameda    and     San    Joaquin    Railroad 

Company.     November  27,  1896 0.6.5-581       164 

Mo.  179. — Franchise    to    Alameda    and     San    Joaquin    Railroad 

Company.     December  14,  1896 O.  B.  5— 585       167 

•Mo.  180. — Accepting  roadways  and  curbing  on  Hunter  and  Park 
streets.     December  30,   1896 __..0.  B.  5— 590 

No.  181. — For  protection  of  fire  hydrants  and  cisterns.  Febru- 
ary   12,    1897 OB.  5— 592       255 

Mo.  182. — Fixing  water  rates  for  1897.  February  27,  1897. 
-  -  - O.  B.  5—594 

Mo.  183. — Amending  Sections  J  and  2  of  Ordinance  No.  8.    March 

25,    1897    __.. O.B.5— 597         64 


CATALOCxUE  OF  ORDINANCES.  285 


Ordinance  Page 

No.  184. — Accepting  Stanislaus  street  from  Weber  avenue  to 
Market,  and  Acacia  street  from  Hunter  to  California, 
and  Sonora  street  from  California  to  Aurora, 
and  Grant  street  from  Washington  to  Sonora, 
and  Sutter  street  from  Channel  to  Miner  Channel, 
and  Weber  avenue  from  California  to  American,  and 
Madison  street  from  Market  to  Washington,  and 
Madison  street  from  Market  to  Main,  and  Lindsay 
street  from  California  to  American,  and  El  Dorado 
street  from  Magnolia  to  North;  and  conditionally  ac- 
cepting Lafayette  street  from  Van  Buren  to  Lin- 
coln, and  Lincoln  from  Butler  to  Mormon  Channel, 
and  Aurora  street  from  Taylor  to  South,  April  10,  1897 
O.  B.  5—599 

No.  185. — Fixing  the  grades  of  curbs  and  gutters.  April  10,  1897. 

O.  B.  5— 602         61 

No.  186. — Prohibiting   expectoration    in   public    places.      May    7, 

1897 - O.  B.  5—604       25.> 

No.  187. — Prohibiting  placing  advertisements  on    city    property. 

May    19.    1897 O.  B.  5— 605       255 

No.  188. — Amending  Section  3  of  Ordinance  No.  9,  and  adding 
new  section  in  relation  to  material  for  sidewalks. 
May   19,    1897 O.  B.  5— 607         66 

No.  189. — Authorizing  the  purchase  of  two  sprinkling  carts.  May 

11,  1897 0.B.5— 608 

No.  190.— Levying  taxes  for  1897.     May  26,  1897 O.  B.  5— 609 

No.  191. — Authorizing  the  purchase  of  hose  for  Fire  Department. 

June    14,    1897 O.  B.  5— 61.J 

No.  192. — Inviting    bids    for    lighting    the    streets    of    Stockton. 

July    14,    1897 O.  B.  5— 615 

No.  193.^Accepting  Center  street  from  Oak  to  North.     August 

12,  1897    0.B.5— 617 

No.  194. — Regulating  the  use  of  bicycles,  etc.     August  12,  1897. 

O.  B.  5— 620 

[Repealed  by  Ordinance  No.  286.] 
No.  195.— Ratifying  action  of  Board  of  Public  W^orks  in  relation 

to    extension    ot    permanent    bulkhead.      August    12, 

1897 O.  B.  5— 622 

No.  196. — Repealing    Ordinance   No    166.      September    10,    1897. 

O.  B.  5— 624 

No.  197. — Authorizing  purchase  of  Game  well  fire  alarm  system. 

September    10,    1897 O.  B.  5— 626 

No.  198. — Authorizing  three,  standpipes  for  fire  puri>oses.     Sei> 

tember  10,  1897 O.  B.  5— 628 

No.  199. — Authorizing  purchase  of  supplies  for  Fire  Department. 

September    30,    1897 O.  B.  5— 630 

No.  200. — Authorizing  construction  of  weir  dam  across  MoiTiion 
Channel.^  September  30,   1897.--- O.  B.  5— 632 

No.  201.— Inviting    bids    for    lighting    the    streets    of    Stockton. 

October  12,   1897 O.  B.  5— 634 

No.  202. — Prohibiting  the  game  of  keno.     October  27,  1897 

O.  B.  5— 636 

No.  203. — Amending    Sections    3    and    5    of    Ordinance    No.    165. 

October  27,   1S97 1 O.  B.  5— 638 


286  CATALOGUE  OF  ORDINANCES. 


Ordinance  i'age 

Mo.  204. — Accepting  San  Joaquin  street  from  Weber  avenue  to 
Channel,  Channel  from  American  to  Stanislaus,  Grant 
from  Market  to  Main,  San  Joaquin  street  from  Chan- 
nel to  Miner  Channel,  and  Park  street  from  Madison 
to  Harrison.     October  27,   1S97 O.  B.  5 — 644 

No.  205. — Prohibiting  the  wearing  of  hats  in  theaters,  etc.  No- 
vember   10,    1897 O.  B.  5— 646       256 

Wo.  206. — Conditionally  accepting  Park  street  from  Aurora  to 
Bast.     November  10,  1897 Oi.  B.  5 — 648 

No.  207. — Conditionally  accepting  Acacia  street  from  Monro©  to 
Edison.     February  2,  1898 __0.  B.  5 — 650 

No.  208. — Conditionally  accepting  California  street  from  Park 
to  North  and  Weber  avenue  from  Monroe  to  Edison. 
February    2,    1898 O.  B.  5— 652 

No.  209. — Fixing  water  ra.tes  for  1898,     February  25,  1898 

1 O.  B.  5— 654 

No.  210. — Authorizing  purchase  of  new  boiler  for  Engine  No.  1. 
March    10,    1898 a  B.  5— 659 

No.  211. — Providing  for  annexation  of  certain  territory  to  Stock- 
ton.    March  16,  1898 ._0.  B.  5 — 661 

No.  212. — Providing  for  annexation  of  certain  territory  to  Stock- 
ton.    March  16,  1898 O.  B.  5— 669 

No.  213. — Accepting  intersections  on  Center  street  with  Flora, 
Poplar,  Acacia  and  Magnolia  streets.  April  27,  1898. 
O.  B.  5— 667 

No.  214. — Conditionally  accepting  Channel  street  from  Sacra- 
mento to  East.     April  27,  1898 ..O.  B.  5 — 679 

No.  215. — Prescribing  the  duties,  fees  and  charges  of  pound- 
keeper.     April  27,  lS9S-__ O.  B.  5— 681       101 

No.  216. — For  laying  water  pipe  on  South  Center  street.  May 
11,    1898    ___ 0.B.5— 685 

No.  217. — Providing  for  exhumation  arid  removal  of  human  re- 
mains.    May  11,   1898 O.  B.  5— 687       127 

No.  218.— Levying  taxes  for  1898.    May  28,  1898 O.  B.  5— 689 

No.  219. — Authorizing  improvements  at  pumping  station.  May 
28,    1898    _._..0.  B.  5— 693 

No.  220. — Authorizing  the  replanking  of  El  Dorado-street  bridge 
over  Mormon  Channel.     May  28,  1898--_0.  B.  5 — 695 

No.  221. — Number  and  compensation  of  employes  in  Fire  De- 
partment.    August  15,  1898 O.  B.  5 — 697 

No.  222 — Authorizing  the  grading  of  Lafayette  Square.  Octo- 
ber  13,    1898 O.  B.  5— 700 

No.  223. — Authorizing  the  purchase  of  supplies  for  Fire  Depart- 
ment    October  13,  1898 O.  B.  5— 702 

No.  224. — Inviting  bids  for  lighting  the  streets  of  Stockton. 
October    13,    1898 O.  B.  5— 704 

No.  225. — For    laying    water    pipe    on    South    California    street.  ; 

October    27,    1898 O.  B.  5— 706  i 

No.  226. — Providing  for  construction  of  permanent  bulkhead. 
October    13,    1898 O.  B.  5— 708 

No.  227. — Granting   to  the   Standard   Electric   Company  a  fran-  i 

chise.     January  27,  1899 O.  B.  5 — 710 

[Lapsed  for  want  of  acceptanc«^.] 

No.  228. — Authorizing  the  purchase  of  a  new  boiler  for  EIngine 
No.  2.     January  11,  1899 ._0.  B.  5— 717 


CATALOaUF  Of  ORDINANCES.  287 

Ordinance  Pa^re 

No.  229. — Conditionally  accepting  Center  street  from  Mormon 
Cliannel  to  South,  Fremont  street  from  Hunter 
street  to  El  I>ora(io,  American  street  from  Main  to 
Weber  avenue,  Grant  street  from  Main  to  Weber 
avenue.  Poplar  street  from  California  to  Sutter, 
Madison  street  from  Oak  to  Flora,  Commerce  street 
from  Willow  to  North,  Madison  street  from  Wash- 
ington to  Sonora.     February  16,  1899 Q.  B.  5 — 719 

No.  230.— Fixing  water  rates  for  1899.     February  28,  1899 

O.  B.  5—722 

No.  231. — Ratifying  contract  for  coal  at  pumping  station.  April 
13,    1899    O.B,.5— 728 

No.  232. — Authorizing  repairs  on  Engine  No.  4.     April  13,  1899. 

. . O.  B.  5— 730 

No.  233. — Authorizing    repairs    on    bitumen    streets.      April    26, 

1899 O.  B.  5—732 

No.  234. — Authorizing  repairs  on  steamboat  shed  of  C.  N.  &  I. 

Co.      April    20,    1899 O.  B.  5— 734 

No.  235. — Franchise  to  San  Francisco  and   San  Joaquin  Valley 

Railway  Company.     June  2,   1899 O.  B.  5— 736       177 

No.  236.— Levying  taxes  for  1899.     May  27,  1899 O.  B.  5— 742        ' 

No.  237. — Authorizing  construction  of  warehouse  for  Fire  De- 
partment.    June  5,  1899 O.  B.  5— 746 

No.  238. — Authorizing  purchase  of  hose  for  F^re  Department. 
June  5,   1899 O.  B.  5— 748 

No.  239. — Authorizing     construction     of     Pilgrim-street     bridge 

across  Mormon  Channel     September  13,  1899 

O.  B.  5—750 

No.  240. — Authorizing  construction  of  outfall  sewer  siphon.  Sep- 
tember 13,  1899 O.  B.  .5— 752 

No.  241. — Prohibiting  the  use  of  slot  machines.     September  27, 

1899 O.  B.  .5— 754       25fj 

No.  242. — Providing   for   construction    of    permanent   bulkhead. 

September   13,    1899 O.  B.  .5— 756 

No.  243. — Authorizing   sale   of   steam   street   roller.      September 

13,    1899 0.B.5— 758 

No.  244. — Providing  for  destruction  of  weeds  in  sidewalk  space. 

September   27,    1899 O.  B.  5— 760       257 

No.  245. — Inviting    bids    for    lighting    the    streets    of    Stockton. 

October  11,   1899 O.  B.  5— 762 

No.  246. — Authorizing  purchase  of  supplies  for  Fire  Department. 

October  11,  1899 O.  B.  5— 764 

No.  247. — Prohibiting   the   gambling   game  of   keno.     December 

12,    1899    0.B.5— 766       257 

No.  248.— Fixing  water  rates  for  1900.     February  28,  1900 

... O.  B.  5— 768 

No.  249. — Authorizing  construction  of  rainwater  sewer  on  Oak 
street.     March   14.   1900 O.  B.  5— 773 

No.  250. — Franchise  to   San  Francisco  and   San  Joaquin  Valley 

Railway  Company.     May  9,  1900 O.  B.  5— 775       179 

No.  251. — Detemiining  that  public  interest  demands  municipal 
improvements.     March  27,  1900 O.  B.  5— 781 

No.  252. — Calling  special  election  to  incur  municipal  debt.  April 
10,    1900    O.B.5— 786 


288  CATALOGUE  OF  ORDINANCES. 


Ordinance  Page- 

No    253. — Authorizing  the  purchase  of  coal  for  pumping  station. 

April    25,    1900 O.B.  6—     1 

No.  254.— Levying  taxes  for  1900.     May  23,  1900 O.  B.  6—     3 

r>4o.  255. — Declaring  result  of  special  bond  election.  May  23, 
1900 O.  B.  6—     7 

No.  256. — Authorizing  purchase  of  bitumen,  etc.  June  13,  1900. 
OB.  6—  17 

No.  257. — Providing  for  construction  of  wooden  shed  at  pumping 
station.      June    13,    1900 ^ O.  B.  6—  19 

No.  258. — Providing  for  construction  of  permanent  bulkhead. 
June  13,   1900 _.__ O.  B.  6—  21 

No.  259. — Fixing  rules  governing  water  consumers  Amended, 
by  Ordinance  No.  265 O.  B.  6—  23 

No.  260. — Use  of  harbor  and  wharves,  tonnage,  harbor  dues  and 
wharf  rates.     June  15,  1900 O.  B.  6—  25 

No.  261. — Issue,    sale    and   redemption   of   bonds.      Improvement 

Funds  Nos.  6  and  7.     .Juno  13,  1900 O.  B.  6—  29       112 

No.  262. — Franchise  to  Central  Pacific  Railway.     June  29,  1900. 

- O.B.  6—  36       148 

No.  263. — Authorizing  alterations  in  Engine  House  No.  2.  June 
29,    1900    O.B.  6—  39 

No.  264. — Authorizing  purchase  of  chemical  fire  engine.  June 
29,    1900    O.B.  6—  41 

No.  265. — Fixing  rules  governing  water  consumers.     Julv  3,  1900. 

0.'b.  6—  43       258^ 

No.  266. — Accepting  Main  street  from  Sutter  to  San  Joaquin, 
Main  street  from  Hunter  to  El  Dorado;  and  con- 
ditionally accepting  Poplar  street  from  Madison  to 
Harrison,  Lincoln  street  from  Washington  to  the 
wharf,  Aurora  street  from  Hazelton  avenue  to  South. 
July   25,    1900 O.  B.  6—  46      , 

No.  267. — Authorizing  the  improvement  of  South  street  from 
Aurora  to  200  feet  east  of  Pilgrim.  September  17, 
1900 O.B.  6—  49 

No.  268. — Changing  names  of  Duncan,  Butler  and  Kearney 
streets.     October  16,   1900 , O.  B.  6—  51 

No.  269. — Authorizing  repair  of  American-street  bridge  over 
Miner  Channel.     October  16,   1900 O.  B.  6—  53 

No.  270. — Franchise  to.  San  Francisco  and   San  Joaquin  Valley 

Railway  Company.     November  14,  1900--O.  B.  6 —  55       182 

No.  271. — Inviting  bids  for  lighting  the  streets  of  Stockton. 
November    14,    1900 O.  B.  6—  60 

No.  272. — Authorizing  the  grading  of  Lafayette  Square.  No- 
vember   ii,    1900 O.  B.  6—  62 

No.  273. — Authorizing  the  improvement  of  South  street  from 
California  to  Center.    November  14,  1900.0.  B.  6—  64 

No.  274. — Amending  Section  6  of  Ordinance  No.  165.  November 
14,    1900 O.B.  6—  66 

No.  275. — Authorizing  purchase  of  hose  for  Fire  Department. 
November  28,  1900 O.  B.  6—  68 

No.  276. — Authorizing  purchase  of  supplies  for  Fire  Department. 
December    12,    1900 O.  B.  6—  70 

No.  277. — Dividing  the  city  into  four  wards  and  defining  boun- 
daries.    December  12,  1900 O.  B.  6—  72 

No.  278. — Franchise    to    Sacramento    and    San    Joaquin    Valley 

Railway  Company.     January  9,  1901 O.  B.  6—  74       184 


CATALOGUE  OV  ORDINANCES.  289 

Ordinance  Page 

No.  279. — Authorizing  sale  of  old  City  Jail,  January  9,  1901. 
O.  B.  6—  78 

No.  280. — Fixing  curb  line  on  south  side  of  Miner  avenue  from 
San  Joaquin  street  to  Hunter.  January  9,  1901. 
O.B.6—  80         67 

No.  281. — Authorizing  the  construction  of  concrete  sidewalk  on 
south  side  of  Miner  avenue  from  San  Joaquin  to 
Hunter.      January    9,    1901 O.  B.  6—  82 

No.  282. — Amending  Ordinance  No.  53  by  repealing  Section  30 
thereof.     Not  finally  passed O.B.6 —  84 

No.  283. — Creating  a  police  relief  and  pension  fund.     February 

'.  .  21,    1901    . O.B.6—  86       127 

No.  284. — Franchise  to  Sacramento  and  San  Joaquin  Valley 
Railway   Company O.  B.  6—  88 

No.  285. — Authorizing  the  construction  of  Grant-street  bridge 
across  Miner  Channel.  February  21,  1901_O.  B.  6 —  93 

No.  286. — Amending  Ordinance  No.  53  by  repealing  Section  30 

thereof.     March  1?.,  1901 O.  B.  6—  95       252 

No.  287.— Fixing  water  rates  for  1901.     March  13,  1901 

O.B.6—  97 

No.  288. — Conditionally  accepting  Lindsay  street  from  American 
to  Grant,  Willow  street  from  Commerce  to  Center, 
San  Joaouin  street  from  Oak  to  Fremont,  Oak  street 
from  El  Dorado  to  Edison,  Magnolia  street  from  Cali- 
fornia, to  El  Dorado,  Vine  street  from  Hunter  to 
Center,  Weber  Levee  from  Madison  street  to  Mon- 
roe.    March  13,  1891 O.  B.  6— 102 

No.  289. — Regulating  the  business  of  pawnbroker,  second-hand 
dealer  or  second-hand  store,  etc.  April  30.  1901. 
O.B.6— 105       25*3 

No.  290. — Amending  Ordinance  No.  2  entitled  "An  Ordinance 
creating  a  Board  of  Health  and  providing  for  a 
Health   Officer."     April   30,   1901 Oi.  B.  6— 108 

No.  291. — Authorizing  the  Board  of  Public  Works  to  let  a  con- 
tract for  flooring  Aurora-street  bridge  over  Mormon 
Channel.     April   30,   1901 O.  B.  6— 110 

No.  292. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  a  rainwater  sewer  on  Oak  street  between  Ameri- 
can and  Park  streets.     April  30,  1901 Q.  B.  6— 112 

No.  293. — Authorizing  the  Board  of  Public  Works  to  let  a  con- 
tract for  a  bridge  across  Miner  Channel  on  Aurora 
street.     May   20,    1901 O.  B.  6— 114 

No.  294. — Granting  to  the  Central  Pacific  Railway  Company  a 
franchise  to  operate  a  railroad  along  Scott's  avenue, 
etc.     June   1,   1901 Oi.  B.  6— 116       149 

No.  295. — Granting  to  the  Central  Pacific  Railway  Company  a 
franchise  for  a  railroad  along  Sacramento  and  other 
streets.     June  1,  1901 O.  B.  6— 121       152 

No.  296.— Levying  taxes  for  the  .vear  1901.     May  29,  1901 

O.B.6— 125 

No.  297. — Authorizing  the  Board  of  Public  Works  to  gravel  South 
street  for  a  width  of  twenty  feet  from  Center  street 
to  Madison  street.     May  29,  1901 O.  B.  6— 129 

No.  298. — Authorizing  the  Board  of  Public  Works  to  improve 
with  asphalt  a  portion  of  Commodore's  Levee.  June 
12,    1901    __ O.B..6— 131 


290  CATALOGUE  OF  ORDINANCES. 

Ordinance  Page 

No.  299. — Authorizing  the  Board  of  Public  Works  to  let  a  con- 
tract for  repairing  of  bitumen  streetsi  and  cross-- 
walks.    July  26,  1901 O.B.6— 134 

No.  300. — Authorizing  the  construction  of  a  permanent  bulk- 
head on  Stockton  Channel.    July  26,  1901_O.  B.  6 — 136 

No.  301. — Granting  to  the  Alameda  and  San  Joaquin  Railroad 
Company  a  franchise  along  Hazelton  avenue.  Sep- 
tember 23,  1901 OlB.  6— 138       169 

No.  302. — Amending  Section  1  oi  Ordinance  No.  260,  relating  to 
the  use  of  harbor  and  wharves  of  Stockton;  fixing 
tonnage,  harbor  dues  and  wharf  rates.  August  30, 
1901 O.  B.  6—142       105 

No.  303. — Amending  Section  5  of  an  Ordinance  providing  for  the 
issuance,  sale  a.nd  redemption  of  bonds  voted  the 
second  day  of  May,  1900.  September  11,  1901. 
--- aB.  6— 146 

No.  304. — Appropriating  money  with  which  to  pay  Robert  Effey 
for  services!  performed  in  sale  of  sewer  bonds. 
September   11.    1901 O.  B.  6— 151 

No.  305. — Amending  Section  7  of  Ordinance  No.  165,  concerning 
keeping  and  conducting  saloons.  October  9,  1901„ 
O.B.6— 153 

No.  306. — Inviting  bids  for  lighting  for  the  year  1902.  October 
9,    1901    O.B.6— 156 

No.  307. — Authorizing  the  Board  of  Public  Works  to  pave  Scott's 
avenue  and  Scott's  Levee  with  gi^avel.  October  23, 
1901 : O.B.6— 158 

No.  308.— Authorizing  the  purchase  of  block  30,  south  of  Mormon 
Channel,  in  this  city,  for  the  establishment  of  a 
City  Pound.    November  13,  1901 O.  B.  6—160       135 

No.  309. — Authorizing  the  Board  of  Public  Works  to  enter  into 
a  contract    for    the     purchase    of     crude     petroleum 

for  the  pumping  station.     November   27,   1901 

O.B.6— 162 

No.  310. — Authorizing  the  Board  of  Police  an^  Fire  Commission- 
ers to  purchase  supplies  for  the  Fire  Department 
for  the  year  1902.     November  27,  1901--_O.  B.  6— 164 

No.  311. — Closing  Sutter  street  between  Vine  street  and 
North  street,  and  Willow  street  between  San  Joa- 
quin and  California  streets.     Januarv   7,   1902 

0.B..6— 166         74 

No.  312. — Determining  the  number  and  fixing  the  compensation 
of  employes  of  the  Fire  Department.  February  12, 
1902. O.  B.  6—169 

No.  313. — Fixing  water  rates  for  the  year  commencing  July  1, 
1902.     February  26,   1902 i O.  B.  6— 171 

No.  314. — Granting  certain  real  property  for  Public  Library 
purposes,  and  providing  for  the  conveyance  of  same 

to  the  Public  Librarv  Trustees.    April  23,  1902 

O.B.6— 176       239 

No.  315. — Authorizing   the    conveyance   to   Lucinda   M.    Budd   of 

part  of  lot  15,  in  block  72,  east.     May  3,  1902 

, O.B.6— 178       136 

No.  316. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  water  main  along  Weber  avenue  and  Weber 
Levee.     April  23,  1902. O.  B.  6— 180 


CATALOGUE  OF  ORDINANCES.  291 


Ordinance  Pa^e 

No.  317. — Appi-opriating  money  with  which  to  repay  the  Stock- 
ton Saving-s  and  Loan  Society  for  taxes  illegally 
collected  during  the   year  1900 O.  B.  6— 182 

No.  318. — Conditionally  accepting  Poplar  street  and  other  streets 
in   this   city.     May   14,   1902 O.  B.  6— 191 

No.  319. — Authorizing  the  Board  of  Public  Works  to  let  contract 

for  repairing  of  bitun^en  streets.    May  14,  1902 

O.  B.  6— 191 

No.  320. — Levying  taxes  for  the  year  1902.     May  28,  1902 

0.B.6— 193 

No.  321. — Regulating  the  digging  of  portions  of  roadway  or  side- 
walk of  puPlic  streets.     .Tuly  14,  1902 O.  B.  6— 197 

No.  322. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  the  south  side  of  Stockton  Channel.  July 
23,    1902    O.B.6— 202 

No.  323. — Granting  to  H.  H.  Griffiths  a  franchise  for  a  street  rail- 

ix>ad  over  certain  streets.     August  14,   1902 

O.B.6— 204       206 

No.  324. — Granting  to  the  Southern  Pacific  Railroad  Company 
a  franchise  to  operate  a  railroad  across  Mormon 
Slough  to  the  John  Boggs  tract.  November  26,  1902. 
O.B.6— 211       145 

No.  325. — Authorizing  tlie  Board  of  Police  and  Fire  Commission- 
ers to  purchase. hay  for  the  Fire  Department.  Octo- 
ber  29,    1902 [ _.. O.B.6— 213 

No.  326.— Authorizing  the  Board  of  Public  Works  to  grade  and 
gravel  a  strip  of  Lindsay  Levee  twenty-four  feet 
wide  from  El  Dorado  street  westerly.  October  29, 
1902 O.B.6— 215 

No.  327. — Inviting  bids  for  lighting  the  streets  of  Stockton  for 
the  year  commencing  January-  1,  1903.  November  12, 
1902 O.  B.  6—217 

No.  328. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  grading  and  bituminizing  the  floor  of  the  Cali- 
fornia Navigation  and  Improvement  Company's  shed. 
November  25,  1902 O.  B.  6— 219 

No.  329. — Authorizing  the  submission  of  proposals  to  amend  the 
City  Charter  to  the  qualified  electors..  March  10, 
1903 O.B.6— 221 

No.  330. — Fixing  water  rates  for  the  year  commencing  July  1, 
1903.     February  15,   1903 O.  B.  6— 261 

No.  331. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  the  construction  of  rainwater  sewers  on  San 
Joaquin  and  other  streets.     April  8,  1903. a  B.  6—266 

No.  332. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  the  south  side  of  Stockton  Channel.  April 
8,    1903    O.B.6— 269 

No.  333. — Authorizing    the    Board    of    Public    Works    to    grade 

Washington  and  Jones  Squares.     April  8,  1903 

O.B.6— 271 

No.  334. — Calling  a  special  election  feubmitting  the  proposition 
of  bonding  the  city  for  $160,000  for  the  construction 

of  a  municipal  lighting  plant.     April  28,  1903 

O.B.6— 273 


2^2  CATALOGUE  OF  ORDINANCES. 


Page 


Ordinance 

No.  335. — Amending  Section  2  of  Ordinance  No.  165  and  repeal-: 
ing   Subdivision   10  of   Section  3  of  said  Ordinance, 

relating  to  the  liquor  traffic.     May  29,   1903 ._ 

O.  B.  6— 284 

No.  336. — Granting  to  the  Western  Pacific  Railway  Company  a 
franchise  to  construct  a  railroad  along  certain 
streets  of  the  city,  beginning  at  the  junction  of 
Steamboat    Levee   and    the    center    line   of    Lindsay 

street,  produced.     May  29,  1903 O.  B.  6 — 287       186 

No.  337. — Granting  to  the  American  River  Electric  Company  a 
franchis,e  to  erect  poles  and  wires  for  the  trans- 
mission   of    electric    current    along    certain    streets. 

August    24,    1903 O.  B.  6— 295 

No.  338. — Granting  to  the  Western  Pacific  Railway  Company 
a    franchise    to    construct    a    railroad    along    certain 

streets  of  the  city.     Jime  3,  1903 O.  B.  6— 300       190 

No.  339. — Levying  taxes  for  the  fiscal  year  1903.     May  29,  1903. 

OB.  6—310 

No.  340. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  the  construction  of  bitumen  crosswalks.     May  29, 

1903 O.  B.  6— 314 

No.  341. — Receiving  and  accepting  certain  lands  from  the  Farm- 
ers Union  and  Milling  Company  as  a  part  of  Weber 

avenue.     May  2f,  190S O.  B.  6— 316       13S 

No.  342. — Conditionally  accepting  San  Joaquin  and  other  streets. 

June  27,  1903 O.  B.  6— 318 

No.  343. — Amending  Section  1  of  Ordinance  No.  260,  regulating 
the  use  of  the  harbor  and  wharves  of  the  city.     July 

14,    1903    0.B,.6— 321       104 

No.  344. — Declaring  the  result  of  a  special  election  held  May  28, 
1903,  upon  the  question  of  constructing  a  steam 
power  electric  lighting  plant.  July  13,  1903_O.  B.  6—323 
No.  345. — Authorizing  the,  Board  of  Public  Works  to  let  contract 
for  Sweeping  for  seventeen  months,  beginning  Aug- 
ust  1,  1903.     July   14,   1903 O.  B.  6— 327 

No.  346. — Providing  for  the  sale  and  ledemption  of  bonds  in  the 
amount  of  $160,000  for  the  construction  of  an  electric 

lighting  plant.     July  28,  1903 O.  B.  6— 329 

No.  347. — Regulating  the  speed  of  automobiles  and  other  motor 
vehicles  and  cars  within  the  City  of  Stockton.     July 

28,1903 0.B.6— 334       260 

No.  348. — Prohibiting  the  hauling  or  running  of  vehicles  having 
projections  upon  tires  of  wheels  along  streets.     July 

28,  1903  _ O.B.6— 336       261 

No.  349. — Granting  to  the  Central  Pacific  Railway  Company  a 
franchise    to    construct    a     railroad    along    certain 

streets.     November  4,  1903 O.B.6 — 343 

No.  350. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  the  south  side  of  McLeod's  Lake.     October 

20,  1903 O.B.6— 343 

No.  351. — Ordinance  introduced  but  not  adopted,  inviting  sealed 

proposals  for  lighting  streets  for  1904 O.  B.  6 — ^345 

No.  352. — Granting  to  the  American  River  Electric  Company  a 
franchise  to  construct  poles  and  wires  along  certain 
streets  for  furnishing  light  to  inhabitants.  Novem- 
ber  10,    1903 O.B.6— 346       228 


CATALOGUE  OF  ORDINANCES.  293 

Ordinance  "^  ^      ^ 

No.  353.— Inviting  bids  for  lighting  the  streets  of  Stockton  for 
the  year  commencing  January  1,  1904.     November  2 

1903 O.  B.  6— 350 

No.  354. — Concerning  the  keeping  and  conducting  of  saloons  and 
repealing  all  Ordinances  conflicting  therewith.  No- 
vember   28,    1903 , . G.  B.  6— 332 

No.  355.— Amending  Section  26  of  Ordinance  No.  53  relating  to 

misdemeanors.     November  24,  1903 O.  B.  6 — 367       261 

No.  356.— Giving  the  consent  of  the  City  Council  and  authorizing 
the  Board  of  Education  to  purchase  lots  2,  4,  6  and 
14,  in  block  M,  west  of  Center  street.     November  24, 

1903 O.  B.  6— 369       13o 

No.  357.— Prohibiting  persons  engaging  in  selling  pools  or  book- 
making  or  making  bets  on  horse  races.     December 

21,1903 O.B.6-oa       262 

No.  358.— Granting  to  the  American  River  Electric  Company  a 
franchise--  to  erect  poles  and  wires  for  the  transmis- 
sion of  electrical  current  for  the  purpose  of  furnish- 
ing heat  and  power  to  the  City  of  Stockton.  Decem- 
ber 15,  1903 ..O.B;  6—374       229 

No.  359.— Transferring  Lafayette  school  property  to  the  Board 
of  Education  of  the  City  of  Stockton  and  authorizing 

conveyance.     December  29,  1903 O.  B.  6 — 379       136 

No.  360.— Amending  Sectior  21  of  Ordinance  No.  53  relating  to 
th€  construction  of  bay  or  oriel  windows  over  the 
lines  of  public  streets,  and  the  placing  of  signs, 
placards,     banners     or     advertisements     upon     the 

streets.    January  12,  1904 O.  B.  6 — 382       263 

No.  361. — Granting  to  R.  G.  Paddock  and  successors  a  franchise 

to  construct  and  operate  an  electric  pole  line 

O.B.  6— 389 

No.  362. — Providing  for  the  appointment  of  a  Board  of  Eixamin- 
ing    Ehgineers    and    prescribing    their    powers    and 

duties.     Failed  to  finally  pass O.  B.  6 — 389 

No.  363. — Amending   Ordinance   No.    2,   fixing   salar>'   of   Health 

Officer.     February  9,   1904 ...O.B.  6 — 397         44 

No.  364. — Authorizing  the  Board  of  Public  Works  to  let  contract 
for  dredging  Stockton  Channel.     February  24,   1904. 

O.B.  6— 399 

No.  365. — Changing  the  name  of  Jones  Square  to  Weber  Park. 

February    24,    1904 O.  Bu  6 — 401 

No.  366. — Fixing  water  rates   for  the   year  commencing  July  1, 

1904.    February  24,  1904 O.B.  6 — 403 

No.  367.— Granting  to  R.  G.  Paddock  a  franchise  to  construct 
an  electric  pole  line  through  thee  streets  of  Stockton. 

February  24.  J904 O.  B.  6 — 408 

No.  369. — Providing  for  the  joint  purchase  with  the  County  of 
San   Joaquin   of  eleven  voting  machines.     April   19, 

1904 O.B.  7—     1 

No.  370. — Inviting  bids  for  the  improvement  and  paving  of  Weber 
avenue  intersections  with  California"  street,  Sutter 
street.  San  Joaquin  street  and  the  east  half  of  El 
Dorado  street;  also  the  north  half  of  \veber  avenue 
in  front  of  the  west  85  feet  of  lot  4,  block  67,  east. 
April  19,  1904 O.  B.  7—     3 


294  CATALOGUE  Of'  ORDINANCES. 


Ordinance  Page- 

No.  371. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  the  couth  side  of  Stockton  Channel.     April 

26,1904 O.B.7—     4 

No.  372.— Levving  taxes  for  the  fiscal  year  1904.     May  24,  1904. 

: O.B.7—     5 

No.  373. — Amending  Section  2  of  Ordinance  No,  53,  prohibiting 
the  firing  of  guns,  etc..  within  the  city  limits.  Janu- 
ary  28,    1904 O.B.7—     7       264 

No.  374. — Authorizing  the   Board   of  Public  Works   t-o   purchase 

two   sprinkling   carts.     June  14,   1904 O.B.7 —     8 

No.  375. — Providing  for  a  Milk  Inspector  and  prescribing  duties. 

July    12,    1904 ..._ O.B.7—     9         44 

No.  376. — Providing  for.  the  purchase  of  certain  basalt  blocks 
now  in  use  along  certain  portions  of  Weber  avenue. 

July  12,  1904 O.B.7—  14 

No.  377. — Adjudging  that  public  necessity  exists  for  the  construc- 
tion of  a  City  Hall.     .Tuly  26,  1904 O.  B.  7—  15 

No.  378. — Accepting  the  proposal  of  James  H.  Hough  and  Eliza- 
beth H.  Hough  (his  wife)  to  build,  furnish  and  equip 
an  Emergency  Hospital.    August  17,  1904-O.  B.  7—  17       136 

No.  379. — Authorizing  the  Board  of  Police  and  Fire  Commissiori- 
ers  to  purchase  fire  hydrants.  September  13,  1904. 
-_ '_. O.B.7—  20 

No.  380. — Inviting  bids  for  the  construction  of  a  freight  shed  at 
the  head  of  Stockton  Channel  on  the  south  side, 
thereof.     Failed  to  finally  pass - O.  B.  7 —  21 

No.  381; — Inviting  proposals  for  lighting  the  streets  for  the  year 

commencing  January  1,  1905.    November  16,  1904 

• O.B.7—  22 

No.  382. — Prohibiting    the    cutting     down    of    trees     in     public 

streets  or  squares.     November  16,  1904__-O..  B.  7 —  23       26 1 

No.  383.- — Calling  a  special  election  submitting  proposition  of 
constructing  a  City  Hall  and  site  for  same.  Decem- 
ber 28,  1904 O.  B.  7—  24 

No.  384. — Inviting  sealed  proposals  for  the  construction  of  a 
freight  shed  at  the  head  of  Stockton  Channel  on 
the  south  side.     December  31,  1904.. O.  B.  7—  29 

No.  385. — Authorizing  the  Board  of  Public  Works  to  advertise 
for  bids  for  street  sweeping  for  the  year  beginning 
January  1,  1905.     December  28,   1904.-_.O.  B.  7—  31 

No.  386. — Authorizing  the  Board  of  Public  Works  to  improve  and 
reconstruct  certain  portions  of  Miner  avenue.  Feb- 
ruary  7,    1005 - O.B.7—  32 

No.  387.— Amending  Ordinance  No.  312  relating  to  the  number 
and  fixing  the  compensation  of  employes  of  the  Fire 
Department.     March  28,  1905 O.B.7—  33 

No.  388. — Authov'izing  the  Board  of  Public  Works  to  let  contract 
lor  construction  of  end  rest  piers  and  bulkheads  and 
filling  approaches  to  drawbridge  across  Mormon. 
Channel  on  Main  street.     May  23,  1905-_O.  B.  7—  35 

No.  389. — Authorizing  the  Board  of  Public  Works  to  advertise 
for  bids  and  letting  contract  for  constructing  a  con- 
crete sidewalk  around  Lafayette  Square.  March  24, 
1905 O.B.7—  36 

No.  390. — Fixing  water  rates  for  the  year  commencing  July  1, 
1905.     March  29,  1905 _._ O.  B.  7—  37 


CATALOGUE  OF  ORDINANCES.  295 

Ordinance  Page 

No.  391. — Granting  a  franchise  to  the  Stockton  Electric  Railroad 
Company  to  construct  a  street  railroad  on  Poplar 
street  from   the   center  line  of  El   Dorado  street  to 

the  west  line  of  West  street.     March  30,  1905 

O.B.7—  40       203 

No.  392. — Authorizing  ihe  Board  of  Public  Works  to  let  contract 
for  the  construction  of  a  bridge  across  Miner  Chan- 
nel on  Union  street.     March  29,  1905 O.B.7—  43 

No.  393. — Prohibiting  the  keeping  of"  hogs  within  the  limits  of 

ihe  City  of  Stockton.    June  3,  1905 O.  B.  7—  44       265 

No.  394. — Authorizing  the  Bgard  of  Police  and  Fire  Commis- 
sioners to  purchase  hose.     May  9,  1905 O.  B.  7 —  45 

No.  396. — Levying  taxes  for  the  fiscal  year  1905.  May  23,  1905. 
O.B.7—  46 

No.  397. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  the  south  side  of  Stockton  Channel.  June 
3,    1905    O.B.7—  48 

No.  398. — Accepting  certain  streets  in  this  city.  June  3,  1905. 
O.B.7—  49 

No.  399. — Authorizing  the  Board  of  Public  Works  in  the  City  of 
Stockton  to  let  contract  for  the  construction  of  a 
concrete  bridge  across  North-street  Canal  on  El 
Dorado  street.     Failed  to  pass O.  B.  7 —  52 

No.  400. — Dividing    the    city    into    four   wards    and    defining   the 

boundaries  thereof.     July  31,  1905 O.B.7—  52         SO 

No.  401. — Regulating  the  transportation  along  the  streets  of 
dirt,  sand,  loam  or  other  soil,  etc.  August  25,  1905. 
. O.B.7—  53         79 

No.  402. — Authorizing  the  sale  at  public  auction  of  lot  14,  in 
block  42,  east  of  Center  street.  November  27,  1905. 
O.B.7—  54       136 

No.  403. — Regulating  the  making  of  excavations  in  public  streets. 
Failed   to  pass O.B.7 —  55 

No.  404. — Determining  the  number,  defining  regular  employes 
and    fixing    the    compensation    of    employes    of    the 

Stockton    Fire   Department.     December   23,    1905 

O.B.7—  59         52 

No.  405. — Inviting  sealed  proposals  for  the  lighting  of  the  streets 
of  Stockton  with  electric  lights  for  the  year  com- 
mencing Januarv  1,  1906.    December  23,  1905 

O.B.7—  61 

No.  406. — Directing  the  sale  at  public  auction  of  certain  wooden 
buildings  standing  on  lot  14,  in  block  42,  east  of 
Center   street.     December   23,    1905 O.  B.  7—  62 

No.  407. — Authorizing  the  purchase  by  the  City  of  Stockton  of 
lot  16,  in  block  237,  east  of  Center  street.  January 
9,  1906 aB.7—  64       136 

No.  408. — Fixing  water  rates  for  the  year  commencing  July  1, 
1906.      March    13,    1906 O.  B.  7—  66 

No.  409. — Requiring  lights  to  be  placed  on  obstructions  on  pub- 
lic streets.     March  13,   1906 O.  B.  7—  69       265 


296  CATALOrrlTE  OF  ORDINANCES. 


Ordinance  Page 

No.  410. — Regulating  the  making  of  excavations  in  public  streets. 

March    'iO,    1906 , O.  B.  7—  70         75 

No.  411. — Requiring    building    permits    and   fixing    fees    thereof. 

March  30,  1906 O.  B.  7—  74       266 

No.  412. — Requiring  railroad  companies  to  sprinkle  tracks  and 
for  two  feet  on  each  side  thereof.  March  30,  1906. 
O.B.7—  76       267 

No.  413. — Aiding  the  State  of  California  in  furnishing  to  the 
United  States  a  right  of  way  for  a  diverting  canal. 
April  9,  1906 O.B.7—  77 

No.  414. — Determination  that  public  necessity  demands  the  con- 
struction of  an  electric  lighting  plant.  City  Hall, 
sanitary  sewers,  asphaltum  streets  and  improvement 
of  graveled  streets.    April  10,  1906 O.B.7—  78 

No.  415. — Fixing    fire    districts    within    the    City    of    Stockton. 

June  12,   1906 O.  B.  7—  80         51 

No.  416. — Prohibiting  placing  of  drugs  upon  doorsteps  or  prem- 
ises.    June  12,  1906 O.  B.  7—  82       267 

No.  417. — Levying  taxes  for  the  fiscal  year  1906.  May  22,  1906. 
_-_ O.B.7—  83 

No.  418. — Permitting  the  laying  of  a  pipe  line  by  the  Union  Oil 
Company  across  Weber  avenue  to  Stockton  Chan- 
nel.    June  12,  1906 . O.B.7—  85 

No.  419. — Calling  a  special  election  submitting  proposition  of 
incurring  a  municipal  debt  of  $764,000  to  the  people. 
June  24,  1906 O.B.7—  87 

No.  420. — Prohibiting  the  obstruction  of  sidewalks  by  bushes  or 
hedges  and  prohibiting  growth  of  weeds  on  side- 
walks and  premises.     June  26,  1906 O.B.7 —  93       268 

No.  421. — Granting  a  franchise  to  the  Western  Pacific  Railway 
Company  to  construct  tracks  along  certain  streets. 
August  28,  1906 O.  B.  7—  95       171 

No.  422. — Declaring  the  result  of  a  special  election  held  July 
31,  1906,  upon  the  proposition  of  incurring  a  munici- 
pal debt  of  $764,000  and  issuing  bonds  therefor. 
September   1,   1906 O.  B.  7—  99 

No.  423. — Granting  to  the  Central  California  Traction  Com- 
pany a  franchise  for  constructing  a  street  railroad 
along  certain  streets.     October  10,  1906. .0.  B.  7— 104       210 

No.  424. — Providing  for  the  appointment  of  a  Board  of  Trus- 
tees for  the  disbursement  of  the  Exempt  Fire^ 
men's  Relief  Fund.     September  12,  1906_.O.  B.  7— 107       128 

No.  425. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  Stockton  Channel.  September  12,  1906. 
O.B.7— 109 

No.  426. — Providing  for  the  issue,  sale  and  redemption  of  bonds 
to  the  amount  of  $40,000 — for  rainwater  sewers 
$30,000  and  sanitary  sewers  $10,000.  September  19, 
1906 O.B.7— 110       115 


CATALOGUE  OF  ORDINANCE'S.  297 

Ordinance  Pagro 

No.  427. — Calling  a  special  election  submitting  to  the  voters 
the  proposition  of  incurring  a  municipal  indebted- 
ness in  the  sum  of  $187,000  for  street  improvements 
with  asphaltum.     September  25,  1906 O.  B.  7— 113 

No.  428. — Fixing  sidewalk  grade  and  curb  and  gutter  grades  of 
certain  portions  of  Rose,  Magnolia,  Acacia,  Poplar, 
West,  Argonaut  and  Orange  streets.  November  12, 
1906 O.  B.  7— 117         68 

No.  429. — Declaring  the  result  of  the  election  upon  the  propo- 
sition of  incurring  a  municipal  indebtedness  of 
$187,000.      November   26,    1906 O.  B.  7— 119 

No.  430. — Permitting  the  Associated  Oil  Company  to  reconstruct 
an  oil  pipe  line  along  Harrison  street  in  this  city. 
November  27,  1906 O.  B.  7— 121 

No.  431. — Inviting  sealed  proposals  for  lighting  the  streets  for 
the  year  beginning  January  1,  1907.  Failed  to  pass. 
O.  B.  7— 123 

No.  432. — ^Declaring  the  grade  of  Sonora  street,  between  the 
east  line  of  Aurora  street  and  the  west  line  of  Sacra- 
mento street,  to  be  changed  and  establishing  the 
grade  of  the  same.     November  27,  1906--O.  Bu7 — 124        57 

No.  433. — Regulating  the  granting  of  pennits  to  do  street  work 
by  private  contract  and  providing  the  manner  in 
which  the  same  shall  be  done.  November  27,  1906. 
- O.  B.  7— 125       269 

No.  434. — Providing  for  the  issuance,  sale  and  redemption  of 
bonds  in  the  sum  of  $187,000  for  the  construction  of 

municipal  improvements.    December  24,  1906 

O.  B.  7— 127       115{ 

No.  435. — Relating  to  the  grading  and  other  improvements  of 
streets  and  fixing  the. grades  of  the  same.  Decem- 
ber 24,  1906 O.  B.  7— 130         63 

No.  .436. — Inviting  sealed  proposals  for  lighting  the  streets  for 
the  year  commencing  January  1,  1907.  December  24, 
1906 O.  B.  7— 132 

No.  437. — Fixing  sidewalk  grades  and  the  curbing  and  gutter 
grades  of  certain  portions  of  certain  streets  and 
blocks  within  the  City  of  Stockton  l>ing  north  of 
Survey  No.  2999  and  west  of  Edison  street.  February 
12,    1907    0.B.7— 133         67 

No.  438. — Authorizing  the  Board  of  Police  and  Fire  Commission- 
ers   to    expend    210,600    for   the    construction   of   the 

Bast  Side  engine-house.     February  12,  1907 

--■ _0.  B.  7—135 

No.i439.-rr^nab]iiig  the  Citv  Coimcil  to  obtain  data  upon  which 
to  fix  rates  for  gas  and  electricity.  February  25,  1907. 
O.  B.  7— 137       271 

No.  440. — Fixing  water  rates  for  the  year  commencing  July  1, 
1907.    March  18.  1907 O.  B.  7— 139 


298  CATAT.OGUE  OF  ORDINANCES. 


Ordinance  -    Page 

No.  441.— Granting  to  the  Western  Pacific  Railway  Company  a 
franchise  for  a  street  railway  along  certain  streets 
of  this  city.     January  1,  1907.-. O.  B.  7— 142       195 

No.  442. — Authorizing   the   purchase    of    a    garbage    incinerator. 

May    7,    1907 O.  B.  7—145  .       79 

No.  443. — Concerning  the  heeping  and  conducting  of  saloons, 
bars,  bar-rooms  and  other  places  where  intoxicating 
liquors  are  sold.     May  8,  1907 O.  B.  7— 147         91 

No.  444. — Fixing   the   rate   of   gas   and   electricity   for   the   year 

commencing  July  1,  1907.     May  15,  1907_.O.  B.  7—154       12S 

No.  445. — Granting  to  the   Standard  Oil   Company  the   right  to 
construct  and  lay  a  pipe  line  across  Weber  avenue  . 
to   the   south   bank   of   Stockton   Channel.     May   15, 
1907 O.B.  7—156 

No.  446. — Levying  tax  for  the  fiscal  year  1907.  May  31,  1907. 
O.B.  7—158 

No.  447. — Authorizing  the  expenditure  of  sufficient  moneys  to 
pave  certain  streets  of  this  city,  as  authorized  by 
vote  of  the  people.     January  2.5,  1907 O.  B.  7— 160  ' 

No.  448. — Granting  a  franchise  to  the  Central  California  Traction 
Company  to  construct  a  railroad  along  certain  streets 
of  the  city.    October  8,  1907 Oi.  B.  7—161       213 

No.  449. — [As  amended.]  Granting  to  the  Atchison,  Topeka  and 
Santa  Fe  Railway  Company  a  franchise  to  construct 
a  track  on  Taylor  street  into  the  property  of  Yolland 
&  Co.     October  8,  1907 O.  B.  7— 163       231 

No.  450. — Granting  to  the  Central  California  Traction  Company  * 
a  franchise  to  construct  a  -street  railway  along  cer- 
tain streets  in  this  city.     September  28,  1907 

; O.B,.7— 165       215 

No.  451 — Prohibiting   the    interference   with   gates,   ropes,    lines  ' 

and  appliances  for  protecting  street  work.     Septem- 
:  !•       ber   18,   1907 O.  B.  7— 167       272 

No.  452. — Regulating   the    maintenance    of   veterinary   hospitals  .      ,  . 
and    restricting    the    prosecution    of    such    business 
within  certain  limits.     October  15,  1907-.O,  B.  7— 168 

No.  453. — Providing  for  the  construction  of  a  permanent  bulk- 
head on  Stockton  Channel.     October  17,  1907 ' 

O.B.7— 169 

No.  454. — Authorizing  the  Superintendent  of  Streets  to  sell 
certain  junk,  waste  iron  and  other  material  for  the 
city  at  public  auction.    October  17,  1907. .0.  B.  7— 170 

No.  456— Appropriating  the  sum  of  $7,000  to  pay  for  the  improve- 
ment of  Aurora  street  from  Hazelton  avenue  to  the 

south  line  of  Market  street.     October  28,  1907 

O.B.  7— 172 

No.  457. — Authorizing  the  appointment  of  an  Assistant  Chief 
Engineer  of  the  Stockton  Fire  Department  and  fixing 
his  compensation.     October  28,  1907 O.  B.  7— 173 

No.  458.— Prohibiting  the  obstruction  of  streets  or  highways  by 
trains  of  cars     November  19,  1907 O.B.7 — 174 


CATALOGUE  OF  ORDINANCES.  29f> 

Ordinance  Pag-e 
No.  459. — Providing   for   thft    preservation   of   the   navigation   of 
Stockton    Channel   by   diverting  the   waters   of   Mor- 
mon Channel  into  the  San  Joaquin  River.     Novem- 
ber  25,    1907 O.B.  7— 175       ]2!3 

No.  460. — Requiring  owners  or  those  in  control  of  railways  to 
station  flagmen  at  certain  points.  December  16, 
1907 O.B.  7— 180       274 

No.  461. — Regulating  the  conveyance  of  naphtha,  kerosene  and 
other  products  of  petroleum  through  the  streets. 
December  16,   1907 O.  B.  7— 181       273 

No.  462. — Inviting  sealed  proposals  for  lighting  of  streets  for  the 
year  commencing  JanuarJ^  1,  1908.  December  16, 
1907 O.B.  7— 183 

No.  463. — Granting  to  the  Atchison,  Topeka  and  Santa  Fe  Rail- 
way Company  a  franchise  for  constructing  tracks 
along  certain  streets.     February  17,  1908_O.  B.  7 — 184       175- 

No.  464. — Closing  saloons,  etc.,  at  certain  times  and  declaring 
certain  acts  to  be  a  misdemeanor.  February  24,  1908. 
O.B.  7— 186         9^ 

No.  465. — Prohibiting  the  placing  of  advertising  signs  on  trees, 

poles,  etc.     April  13,  1908 O.  B.  7— 187       274 

No.  466. — Fixing  water  rates  for  the  City  of  Stockton.     April  6, 

1908 O.B.  7— 189       122 

No.  467. — Conditionally  accepting  certain  streets.    April  27,  1908. 

SIS. 


J 


YD  0179 


?4184LO 

UNIVERSITY  OF  CALIFORNIA  UBRARY 


